DeBellin to appeal

[Mark from Brisbane]

Pointed this out on another section

'The presumption of innocence is a fundamental principle of the common law.

The UN Human Rights Committee has stated that the presumption of innocence imposes on the prosecution the burden of proving the charge and guarantees that no guilt can be presumed until the charge has been proved beyond reasonable doubt.

The Committee has also stated that public authorities should refrain from prejudging the outcome of a trial by making public statements affirming the guilt of the accused, and that the media should avoid news coverage undermining the presumption of innocence.'

Section 14 (c) regarding rights on civil and political grounds of an accused person.

Yep not condoning any of these players actions but you are dead right, the presumption of innocence is pivotal to Australian law.

 

[Spartan Eagle]

I am glad that someone has the balls to challenge this ludicrously named no fault policy implemented by the Greenkhant Regime.

 

[brad]

All I can say is WOW.

Ballsy move by the player himself as he’s paying the bills.

He might have a case .

 

[eaglebuzz]

Good on him. Greenberg's tenure has been one disaster after another and most of it could have been prevented if those running the NRL had shown some backbone and consistency with player misbehaviour.

Also, as far as I'm concerned his name is Jack de Bellend.

 

[MadMarcus]

Funny not one mention of this news on nrl.com they are normally so quick with breaking news.

Isn’t nrl.com a sex tape site?

 

[Disco]

Look I havent really figured out where I stand on this whole thing yet but surely the NRL stood him down for being charged with a serious offence and the charge itself is not a fact in duspute....

 

[Eagles2nv]

This will be an interesting case. If he wins it not only opens the door for other players like Walker, but will have serious implications for the NRL as a governing body. It will challenge what powers the governing body have over players and the clubs.

I don't know what the NRL contracts entail, but BellEnd wouldn't be going to court if he didn't think he had a case. There may be rules such as bringing the organisation (NRL) into public disrepute that allow the NRL to implement such rules.

The 2 issues I can potentially see going against the NRL are:

1. If they did publicly say they have "formed the view he is guilty", therefore not affording him the presumption of innocence as per Australian Law. That could be grounds for defamation.
2. The rules to suspend players charged were implemented post the offence. Its a potentially dangerous road when rules/laws are applied retrospectively as the accused has the argument had they known the consequence they my have changed their behaviour. Especially in the case where BellEnd, Walker, etc... have pleaded not guilty. (But there may be provisions in their contracts that allow for it).

I will watch this one with interest.

 

[Peter C]

DeBelin will be allowed to play . Everyone is innocent until conviction. Regardless of rules the NRL just made up - it’s a restriction of trade for starters and unlawful ban .
Just an opinion.

Is it a restriction of trade if he's suspended on full pay?, seems to happen all the time in the police force and even teaching.
The NRL has a right to protect it's brand, also how many " innocent people " are in remand centres awaiting trial because they can't raise bail or bail has been denied.

 

[47MVEagle]

Is it a restriction of trade if he's suspended on full pay?, seems to happen all the time in the police force and even teaching.
The NRL has a right to protect it's brand, also how many " innocent people " are in remand centres awaiting trial because they can't raise bail or bail has been denied.

I assume it's a restriction in trade in regards to him not having the opportunity to play rep football while stood down.

If he was in the final year of his contract now & the court case dragged on for 2 years, who will pay him next year?

Also, what negotiating power would he have if he was looking for a new contract & he hadn't played for 2 years?

 

[lsz]

Reminds of the salary cap case way back when.....

 

[Mal Cochrane]

it is a tough one, but you can't stand people down until charges are proven, otherwise how many future jilted NRL players gf's/wives/enemies will press charges on fictional information. Snake would have been rubbed out long term like De Belin (yes gallop gave him 4 weeks or so for apparently being drunk).

Who would have been happy with that happening to Snake considering the end result.

 

[wombatgc]

Surely the NRL legal mob would’ve foreseen such a challenge to their rule change? But then you’ve got DeBellin pertentially going broke by self funding his legal challenge if denied with costs and damages. So his legal mob are obviously damn sure they’ve found a loop-hole. If there’s one thing for sure, this is going to drag on for ages.

 

[HoldenV8]

it is a tough one, but you can't stand people down until charges are proven, otherwise how many future jilted NRL players gf's/wives/enemies will press charges on fictional information. Snake would have been rubbed out long term like De Belin (yes gallop gave him 4 weeks or so for apparently being drunk).

Who would have been happy with that happening to Snake considering the end result.

Mate, we weren't happy when Gallop rubbed Snake out for just 4 weeks. I hate to think what the feeling would have been had Gallop rubbed him out until the end of his trial.

But, here's the thing.....Gallop also knew he couldn't actually do that. You see, Gallop is a lawyer by profession. He was one of the News Ltd. lawyers for Super League back in the day so he knew that the only way to do it without legal ramifications was to hit him with that suspension on the charge of being drunk at Manly's season launch (funny how Choc wasn't suspended when he got drunk at the launch and punched one of the clubs sponsors.....). That way Snake was suspended over something to do within the NRL, not over his sexual assault charge.

I'm no lawyer. Hell, I'm not even a bush lawyer who thinks he knows the law better than those who wrote it and those who studied it. But I do agree that I think the NRL have gone down a very dangerous slope with what they are currently doing. Especially as two of those who have been stood down were charged with what they are going to court for before the NRL imposed this no fault thing.

De Belin is a representative footballer who broke into the NSW team in 2018. If he's basically not allowed to play NRL until at least 2021, that could affect his future earnings because as a current rep player (who might have gone on to play test football, who knows?), he would be able to command a higher priced contract. Not playing for almost 2 years would most certainly affect that.

 

[globaleagle]

rlpa: We don't like the new rule and while we wont challenge it directly, we will support and help out any player who does.

* De belin challenges nrl rule*

rlpa: Oh um er we didn't think anyone would actually challenge. Hope you got deep pockets de belin as we're not helping you out at all.


Interesting Thursday ahead.

 

[SeaEagleRock8]

Isn’t nrl.com a sex tape site?

https://www.abc.net.au/news/2019-03-06/nrl-sex-tapes-being-shared-on-whatsapp-men-speak-out/10872416

 

[BOZO]

This “ could” be very very bad news for Toddy Turdburger.

https://www.facebook.com/164498516934581/posts/2451504304900646?sfns=mo

Here is the can of worms that were all talking about . Todd going above board and the law and Stepping in a legal mind field .
He talks about the image of the game and taking it off the ugly headlines and now he has become the ugly headline himself as he has taken our game off the footy field where it belongs and in to the court rooms .
Who can tell me if any player is guilty without a fair trial ? I can tell you one thing that Todd is a dick head and the other NRL clowns have proven to be totally incompetent . Time to move them all on . The majority of the fans are sick of them

 

[Ralphie]

While it generally is innocent until proven guilty he is also an idol to many young Men and Women and kids and this charge is a serious one despite what people believe.

And without evidence there would have been no charges made. While at the moment it’s he said she said, suing because you believe you’ve been unfairly treated in way of being stood down is ridiculous.

Very ballsy move though and may leave the door open for many others

So do think that evidence is like the evidence they had when they charged Brett Stewart??????

 

[Loobs]

I assume it's a restriction in trade in regards to him not having the opportunity to play rep football while stood down.

If he was in the final year of his contract now & the court case dragged on for 2 years, who will pay him next year?

Also, what negotiating power would he have if he was looking for a new contract & he hadn't played for 2 years?

The Australian coach has said he wouldn’t pick him anyway. What power can the courts impose over the NRL’s right to refuse TK register contracts? Becase if they are forced but the no clubs offer him a contract is that collusion akin to cartel like behaviour..? **** I have no idea haha

 

[ricardo]

Pell still has his job doesn't he and he's in prison?

 

[Cioran]

I don’t like the Todburger and the faster and deeper he sinks the funnier it is. But, I can appreciate his problem. He is trying to maximise revenue earned by a sports based reality TV program. Anything the actors do that impacts on viewer numbers and product sales concerns him. At the very least DeBellin appears to be guilty of leaving his pregnant girlfriend at home while he went out to pull another chick. The companies who sponsor St Merge and the SOO may not be 100% happy about having their brands on his jumper. If he was the star of a sitcom and similar allegations were made you would expect him to go off on gardening leave until it was worked out or covered up.

This will make me sounds old but he would do himself no harm if, for at least the next few months, he got his hair cut and shaved off the sleaze bag beard.