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The NRL on Tuesday morning confirmed that St George Illawarra forward Jack de Belin would remain on the sidelines as he awaits a decision on whether he would face court for a third time on sexual assault charges.
On that front, at least one prominent Sydney lawyer says the news may not be good for the Dragons star. The Department of Public Prosecutions told The Australian on Tuesday that no decision had been made on whether the matter would proceed to another trial but Manny Conditsis, a senior trial advocate with Conditsis Lawyers, said his gut feeling was that the DPP would go again.
That would be devastating news for de Belin, who has already spent more than two years on the sidelines after being stood down under the game’s no-fault stand-down policy.
De Belin has also been prevented from taking up a lucrative new deal with the Dragons while facing serious charges – he has been paid a reduced figure, believed to be $1000 a week, to train with the NSW Cup side during his time on the sidelines.
The court cases have already cost de Belin as much as $1 million but he may be forced to shell out more cash it his legal team fails in a bid to have the charges dismissed – de Belin and his co-accused Callan Sinclair were found not guilty on one charge but the jury was split on the remaining five.
“The National Rugby League (NRL) notes the conclusion of the NSW District Court trial involving St George Illawarra Dragons player Jack de Belin,” the NRL said in a statement.
“De Belin will remain subject to the no-fault stand down while serious criminal charges remain against him.”
That will raise alarm bells with the de Belin camp given Conditsis’ prediction that another trial is likely.
“These days they more commonly run two (trials) and that is not to say they wouldn’t run a third, and I particularly say that for these reasons,” Conditsis said.
“One, it is a hot potato matter – NRL, rugby league player. Whichever way they go it will be publicised. They may choose to err on the side of conservatism.
“Erring on the side of conservatism in this sort of scenario would be that they run a third trial. The second reason that maybe takes it out of the norm is the environment we are at in at the moment following on from the #metoo movement, the Christian Porter matter.
“I would say this DPP may be inclined to run a third (trial). An important factor as to whether they run it will be what is in the crown prosecutor’s report to the director.
“If his view is, ‘gees we came close, we really could have won this’, I think that would strongly suggest there will be a third trial. That is my gut feel.
“If this was a matter that wasn’t reported in the press and been some years ago, you would probably say two is enough. I just think the whole flavour of at it the moment, they may want to go again.”
That would mean more time on the sidelines for de Belin and more expense. It would also be a setback for the Dragons, who have badly missed their best forward and arguably best player over the past two years.
The Australian has seen a copy of the considerations that the DPP will take into account when deciding whether to run another case.
“In determining whether to discontinue a prosecution, consideration should also be given to any change in circumstances regarding the evidence and the presence of public interest factors,” the DPP guidelines state.
“Any request on behalf of the accused for the matter to be discontinued should be dealt with expeditiously.”
The DPP will consult with police and the alleged victim.
“Where two juries have been unable to agree upon a verdict, a retrial will be directed only in exceptional circumstances,” the guidelines state.
“The views of the victim and police should be taken into account in considering whether a matter should proceed to a retrial....”
https://www.theaustralian.com.au/sp...s/news-story/5ea56b72dd3b229d3ecae09c4b5c90b1
