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Jdb case

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getsmarty

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'I am innocent': Jack de Belin speaks out after Federal Court defeat

Yahoo Sport Australia
17 May 2019, 5:32 pm

3429cb6f4263313f6f87f247a43dc337

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dismissed his case against the NRL and ARL Commission[/a].

In a landmark decision on Friday which will have far-reaching repercussions for the game, Justice Melissa Perry dismissed de Belin's case against the ARL Commission and NRL.

De Belin was challenging the game's "no fault" stand down rules under which he was sidelined after he was charged with aggravated sexual assault.

He had pleaded not guilty to the charge and on Friday maintained his innocence.

De Belin did not attend the Federal Court, however, the NSW Origin forward said in a statement he was disappointed with the result.

“I am very disappointed by the decision," de Belin said.

"I have been stood down from my employment as a professional rugby league player because an allegation has been made against me.

"I am innocent and I will continue to vigorously defend the single charge made against me.

"Professional rugby league careers are short lived, I have worked hard to build my career and I have now been stood down at the height of it, without any certainty around the timeframe to return.

“I am told it could be well into next year.

5cde62ce24000031007f08fa.jpeg

Jack de Belin is maintaining his innocence in his sexual assault case, after his bid for an injunction against the NRL's 'no fault' stand down policy failed. (Photo by Cameron Spencer/Getty Images)
"This is very difficult for me, and also my family, who I would like to sincerely thank, along with my friends, teammates and staff at the Dragons.

“Their support has been, and will continue to be, greatly appreciated as I seek to find my way forward."

De Belin's criminal case could take another 12 to 18 months to finalise, meaning he may not return to the field before his contract expires at the end of 2020.

Given he is 28 and at the height of his playing powers, it is a massive blow for his playing future and earning potential.

It is vindication for the ARL Commission, ARLC chairman Peter Beattie and NRL chief executive Todd Greenberg who pushed through the rules which allow them to sideline any player charged with a crime which carries a jail sentence of 11 years or more.

"This has not been a pleasant exercise for anybody, we had to make a tough decision," Beattie said.

"Our job is not a popularity contest, it's to do the right thing by rugby league."

Justice Perry dismissed de Belin's claim that the no fault rule represented a restraint of trade, saying the NRL was acting to protect its interests.

"The Court accepted that nothing short of a rule precluding Mr de Belin and others charged in the future with serious offences of a similar nature from taking the field was likely to address the clear and present danger established by the evidence," Justice Perry said.

"The court also accepted that where criminal proceedings were not finalised there would be a real danger of contempt of court if the NRL were to investigate whether the code of conduct had been breached."

Players’ Association disappointed with verdict
Rugby League Players Association chief executive Ian Prendergast flagged challenging the no-fault rules under the collective bargaining agreement in arbitration.

"We're disappointed in the court's decision today," RLPA chief executive Ian Prendergast said.

"Not only on behalf of Jack but all our members, in fact all professional athletes in this country.

"We've maintained our opposition to the policy throughout because it goes outside of what we've agreed to under the collective bargaining agreement and the penalties it effectively imposes.

"We'll now go away and consider the collective issues on behalf of our members including issuing a dispute under the CBA."


https://au.sports.yahoo.com/jack-de-belin-speaks-out-after-nrl-ruling-073204568.html
 

getsmarty

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Dragons throw welfare behind Jack de Belin

By AAP+ on 17/05/2019 at 6:46 pm
Filled in: NRL News


The NRL and St George Illawarra have immediately moved to protect the welfare of Jack de Belin after he lost his bid to return to the NRL field.

Justice Melissa Perry on Friday dismissed de Belin’s case against the NRL and ARL Commission and their “no fault” stand down rules.

The NSW Origin lock’s career now hangs in the balance as he remains sidelined while he answers an aggravated sexual assault charge in Wollongong Local Court.

He has pleaded not guilty and on Friday maintained it was unfair that he was stood down because of an allegation.

His criminal proceedings could take another 18 months to conclude and given he is off contract at the end of next year, he may not be allowed to take the field before his contract comes up for renewal.

“The public discussion and pressure around this circumstance and Jack personally has been extreme,” Dragons chief executive Brian Johnston said.

“It has been both unfortunate and unnecessary that Jack has been the focus for a number of issues across the game.

“Jack’s welfare has always been and will continue to be our number one priority.”

Dragons coach Paul McGregor has previously said it would spell the end of de Belin’s playing career if he is not allowed back on the park.

During a four-day hearing into the matter last month, de Belin’s agent Steve Gillis said sitting out two seasons would be disastrous for his earning potential and future.

NRL chief executive Todd Greenberg said that immediately after the verdict he made contract with the Dragons to ensure de Belin is being supported.

“We’re dealing with people’s livelihoods here,” Greenberg said.

“My first phone call was to the chief executive of the Dragons to ensure the player had the right support systems around him.

“That will be an ongoing exercise to ensure he has the amount of support and welfare attached to him that was needed.

“We make no judgement whatsoever of anyone’s guilt or innocence. This is a rule that protects the brand and reputation of the game.”

Asked what he would say to de Belin, ARL Commission chairman Peter Beattie said: “I say to Jack that we understand his circumstances.

“We understand this is a difficult time for him.

“That’s one of the reasons why this rule enables Jack to be paid his full salary, to train with his teammates.

“We are concerned about player welfare. But at all times we’ve acted in the interests of the game.”



https://www.sportsnews.com.au/nrl/dragons-throw-welfare-behind-jack-de-belin/477741
 

J.moz

Juniors
Messages
236
Now its time for a review within the club. After todays news on jack and the club we have now hit a low in the history of our great st george brand .Culture has hit rock bottom under mary he will now have to stand down .
 

2010

Bench
Messages
3,490
I think most of us didn’t hold much hope of a win for JDB.
I think the next 10 weeks are going to be telling on our performance, I’m not saying JDB missing will be the only reason we go downhill.
There is something drastically wrong with our club, from the top to the bottom.
I will support my team no matter how they go but I will be pissed if the powers to be don’t take some positive steps to bring us out of this hole.
A big shovel is needed to clear out the bullshit we supporters are fed
 

possm

Coach
Messages
15,995
We need our new CEO to grow a set and challenge the NRL regarding cap compensation and JDB's salary payments. After all it was they who stood him down not SGI and so it should be they that neutralise the financial burned caused to SGI.

It is now time for the SGI Board and our CEO to realize they have made a big mistake in extending Mary. This is not the first time our team has performed poorly after an early season extension of this useless coach. Arrangements should be made to sack Mary and appoint JD as interim coach for the rest of the season.

Millward needs to get on side with player managers and do what the big four clubs are doing with regards to TPA. We need a clean out of the dead wood and over representation of finge first graders. There is an imbalance in our squad and it is now time - before June 30 - to let go some dead wood and recruit some class into our backline.
 

Brutalitops

Juniors
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2,333
I mean, JDB was never going to win. There was no legal standing.

But I do agree that a smarter club would not have been pinning "hopes" on a result so predictable to anyone who knew what they were doing. The fact the club will now use this as an excuse is particularly bullshit.

I have always agreed with the JDB stand down, the NRL were predictably incompetent in the way they implemented it though. At least they are slightly more competent than the Dragons admin!
 

Walpole

Juniors
Messages
2,460
We need our new CEO to grow a set and challenge the NRL regarding cap compensation and JDB's salary payments. After all it was they who stood him down not SGI and so it should be they that neutralise the financial burned caused to SGI.

It is now time for the SGI Board and our CEO to realize they have made a big mistake in extending Mary. This is not the first time our team has performed poorly after an early season extension of this useless coach. Arrangements should be made to sack Mary and appoint JD as interim coach for the rest of the season.

Millward needs to get on side with player managers and do what the big four clubs are doing with regards to TPA. We need a clean out of the dead wood and over representation of finge first graders. There is an imbalance in our squad and it is now time - before June 30 - to let go some dead wood and recruit some class into our backline.
What do you think Mary or Millward have got to do with the JDB decision?
 

possm

Coach
Messages
15,995
Thank you.

At last a sensible reply.

However, I thought Dylan’s retrieval related to the NRL’s “No Fault” policy only.
Walker was stood down under the new rule and found not guilty. To me it proves that there needs to be an evidenced based consideration prior to standing a player down.

De Belin's career may be over even before a decision is made as to his guilt by the courts. I do not see the current system as being fair to players.

I'd like to see the Player's Union support De Belin in an appeal and if that is not possible, then take civil action against the ARLC/NRL, Beatie and Greenburg.
 

possm

Coach
Messages
15,995
What do you think Mary or Millward have got to do with the JDB decision?
Mary, Millward, Johnston and the SGI Board did not extract appropriate compensation for the club with regards to the De Belin stand down.

It makes no sense to me that the NRL can stand down a player and require SGI to foot the bill. At the same time GI retires mid contract and Souths are given 1.5m compensation on their salary cap. In our case SGI had no say in the stand down decision and in the other case both GI and Souths came to an agreement regarding GI's retirement.
 

Coffs dragon

Bench
Messages
4,401
The Dragons need to re -set & move on quickly. They managed to adjust with the tragic loss of their Captain Gaz Widdop. Now they must mentally adjust to the fact JDB will not possibly play again plus the burden of Mary's 2 year extension! A double whammy for club & supporters!
 

dragonreddy

Juniors
Messages
1,217
The Dragons need to re -set & move on quickly. They managed to adjust with the tragic loss of their Captain Gaz Widdop. Now they must mentally adjust to the fact JDB will not possibly play again plus the burden of Mary's 2 year extension! A double whammy for club & supporters!


100% right Coffs ,the one thing McGregor isnt good at is change ,I cant believe he had everything set for this weekend to play JDB if cleared,to me that just shows how idiotic this bloke is as a coach ,side should have been prepped as if he is not in the side.
Desperation from a coach who has nothing again,still for another year!!
 
Messages
295
Here is the judgement for anyone interested. It’s a long read but clears up a lot of conjecture and misunderstandings thrown around on this thread:

http://www.judgments.fedcourt.gov.au/judgments/Judgments/fca/single/2019/2019fca0688
As a former prosecutor, all I can say is the wheels of justice turn too slowly in NSW. This alleged crime took place going on 6 months ago and it looks like a hearing could take place well into next year. Justice delayed is justice denied. The long time span affects the club and players. The crown must consider they have a prima facie case to present to the court in the way of evidence which generally is defined as 'the facts, testimony and documents which may be legally produced to prove or disprove the facts under enquiry. I hope De Belin has good defence lawyers.
 

Walpole

Juniors
Messages
2,460
Mary, Millward, Johnston and the SGI Board did not extract appropriate compensation for the club with regards to the De Belin stand down.

It makes no sense to me that the NRL can stand down a player and require SGI to foot the bill. At the same time GI retires mid contract and Souths are given 1.5m compensation on their salary cap. In our case SGI had no say in the stand down decision and in the other case both GI and Souths came to an agreement regarding GI's retirement.
The issue of compensation is all on Johnston and the board, nothing to do with Mary or Millward, no matter how much you want to blame them for everything. Come to think of it, deficiencies in Mary or Millward's performance are also on Johnston and the board...
 

Lovemedragons

Juniors
Messages
1,481
Although the decision went against JDB and his position currently is in a nightmare limbo, it is a positive that a decision has been made and the team now knows with some certainty as to where it stands. Time to settle and move on.
 

FlameThrower

Bench
Messages
3,557
Although the decision went against JDB and his position currently is in a nightmare limbo, it is a positive that a decision has been made and the team now knows with some certainty as to where it stands. Time to settle and move on.
Agreed and Club needs to plan ahead and not factor JDB for this year and most of next year . How all of that pans out with salary cap and compensation is anoymatter. Club needs to start now and find replacement for JDB .
How the team handles this is another matter. Why Mary stated constantly that Jack would just slide back into the team was a foolish concept that gave fans, and the rest of the team false hope.
 

getsmarty

Immortal
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34,343
Dragons star Jack de Belin considers appealing NRL court win
Don Arnold/Getty Images
8:36 AM
  • AAP

Jack de Belin and the Rugby League Players Association are weighing up whether to challenge the NRL's Federal Court win over the star St George Illawarra back-rower.

Justice Melissa Perry on Friday dismissed de Belin's case against the ARL Commission and NRL after he challenged the "no fault" stand down rules.

While it was a landmark victory for the NRL and their quest to mend the game's reputation, further court challenges loom as de Belin ponders how to salvage his career after he was stood down pending a criminal case.

The Dragons said in a statement that de Belin, who has denied a charge of sexual assault stemming from an incident in December, was considering appealing the decision.



RLPA chief executive Ian Prendergast said the union will consider challenging the NRL under the collective bargaining agreement.

During his case, de Belin challenged the fact that the "no-fault" provisions were not agreed to during the union's CBA negotiations with the NRL.

The RLPA described Justice Perry's judgment as "disappointing" and Prendergast said the no-fault rules defy a person's basic right to a presumption of innocence.

"We're disappointed in the court's decision," Prendergast said.

"Not only on behalf of Jack, but all our members, in fact all professional athletes in this country.

"We've maintained our opposition to the policy throughout because it goes outside of what we've agreed to under the collective bargaining agreement and the penalties it effectively imposes.

"We'll now go away and consider the collective issues on behalf of our members including issuing a dispute under the CBA."


http://www.espn.com.au/nrl/story/_/...ck-de-belin-considers-appealing-nrl-court-win
 
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15,249
Can I ask a question here please. I'm not here to stir up anything as this is far too serious an issue.
To all the people saying that the NRL should compensate your team, I ask you this, what type of compensation are you asking for? Money for DeBellin's wage? Money for another player? or an extra spot on the roster to cover DeBellin?
The NRL are already paying Jack's wage. They cover the whole salary cap. Are you asking that they pay his wage, again? or more money than other teams for another player?
I'm truly not sure what compensation you are looking for here.
 

rednwhites

Juniors
Messages
1,303
Can I ask a question here please. I'm not here to stir up anything as this is far too serious an issue.
To all the people saying that the NRL should compensate your team, I ask you this, what type of compensation are you asking for? Money for DeBellin's wage? Money for another player? or an extra spot on the roster to cover DeBellin?
The NRL are already paying Jack's wage. They cover the whole salary cap. Are you asking that they pay his wage, again? or more money than other teams for another player?
I'm truly not sure what compensation you are looking for here.

For me, if you are going to change the rules when it suits you, you have to be prepared to compensate the collateral damage. Otherwise, the NRL should have said that the next player to have allegedly done XYZ will face the new consequences. The Dragons club are the entirely innocent party to be SEVERELY messed up because of it. In my simple understanding, if they are going to throw this on JDB, they can afford to let us replace him with a like player in the meantime. I don't think it is fair to say it is just bad luck because they are controlling the situation. Why isn't it just bad luck for Souths that Inglis retired and left a gaping hole in their squad?

I actually agree with the policy but quite clearly the NRL apply certain precedents to certain clubs to make a point. You see it happen with refereeing rules constantly. Who can forget the way they made an example of Frizell, the cleanest player in the game, when he unconsciously brushed up against a referee?
 
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