Brett Stewart case a cautionary tale in Jarryd Hayne scandal
The easy option yesterday was to hang, draw and quarter Jarryd Hayne. The most polarising athlete in the NRL has always had a healthy share of detractors and they were quick to take aim amid revelations that the Parramatta star had been accused of rape during his time playing in the NFL with San Francisco.
Hayne has never been this journalist’s cup of tea either, but past history suggests the smarter path may be to reserve judgment until more information comes to light. The game has been down this path before — far too frequently in recent years in the eyes of supporters and blue-chip sponsors, many of whom baulk at rugby league for fear of having their brand dragged through the mud.
Yet the case of former Manly fullback Brett Stewart provides a cautionary tale for those who are intent on finding Hayne guilty of an allegation which has the potential to end his career.
Stewart, one of the best players in the NRL during his halcyon days at Manly, never fully recovered from sexual assault allegations which haunted him for more than a year.
Stewart always insisted he was innocent and the charges were ultimately dismissed. He was cleared of any wrongdoing but the mud stuck.
His career went on but there was always the sense that the fight to clear his name left him damaged. He was never the same and when his stellar career at the Sea Eagles came to an end, he spent the lion’s share of his time in Melbourne to escape the residual attention.
That case helps explain why the NRL has adopted a watching brief on the Hayne allegations. They will monitor the civil hearing, but a decision on any sanctions will not be made until the situation gains more clarity.
Hayne has questions to answer. Neither the Gold Coast nor Parramatta were aware of the allegations until the news broke in the American media yesterday morning and both will feel aggrieved that Hayne failed to inform them of the claims.
The woman at the centre of the claims went to police around the same time Hayne announced he was leaving the NFL in May, 2016. The Titans signed Hayne less than three months after he walked out on the 49ers. When that situation went pear-shaped late last year, culminating in his decision to request a release earlier this month, Hayne found a home again at Parramatta.
Yet the Eels were as surprised as anyone by yesterday’s revelations. The Titans will no doubt feel a sense of relief. The club severed ties with Hayne after a turbulent time together and can take solace in the fact that he is no longer their problem.
Parramatta, on the other hand, are experiencing their worst fears. When the Eels signed Hayne, amid the myriad questions coach Brad Arthur was asked was why he would want to once again deal with the sideshow that comes with their new signing.
Arthur was confident Hayne would toe the line. Then again, chances are he never imagined rape allegations would be part of the package. The claims that have been made against Hayne are heinous.
The woman at the centre of the allegations suggested she was so drunk that she passed out on the way home. She talked about having faint recollections of the elevator and hallway.
She talked about seeing the silhouette of the defendant and waking the next morning naked, draped in a sheet. The court documents make for disturbing reading, but significantly for Hayne, the district attorney found there was not enough evidence to prove the crime of rape beyond a reasonable doubt.
While that meant the end of criminal proceedings, the civil case carries a lower burden of proof. The decision in the civil courts relies on the preponderance of evidence, meaning Hayne could still face a significant financial outlay if the court decides the evidence weighs against him.
Hayne has a fight on his hands to clear his name. Too often when it comes to rugby league players, the presumption is one of guilt before innocence. The court of public opinion took an unfair toll on Stewart. That case alone explains why Hayne needs to be given a chance to defend himself.
http://www.theaustralian.com.au/spo...l/news-story/a0ec06bd9d4b84d097cfd4b463776891
