Manase Fainu

[Shoe1]

Gee, if accused someone of stabbing me, I sure as hell would want to have them convicted ASAP, and not tell the courts to wait until I'm finished my work.

Exactly. What a strange situation. Surely it is unheard of for the prosecution to be delaying a trial?

 

[Shoe1]

Delayed further because the victim won't be available to record his statement because of Mormon mission. Surely he could have recorded it by now?

I wasn't aware they did a vow of silence.

 

[wombatgc]

The NRL have been preaching the ‘state of mind" mental health website and putting the message out there that there’s help if you need it. They have done this on every game this year (Fox).
I look at Manases situation now, and if the NRL were genuine in their mental health message, surely they have to look at pre-Covid conditions to what we have now, and grant some sort of clemency based on the damage he must be suffering mentally, and that includes family and friends to Manases predicament .
The NRL have a duty of care to Manase now I believe.
If the unthinkable happened, well, I shouldn’t go there, but what is the point of "state of mind", it just becomes empty platitudes, and enhances the stigma associated with (Men) in particular to come forward if they are spiralling down the black hole.

 

[Bearfax]

Crazy situation this. Quite frankly the NRL should give a temporary dispensation for this kid because the way its going he'll be out of the game for approaching half a decade. He may be guilty and that's for the court to decide but this is injustice in my opinion. He's not causing the delay so why should be suffer. This matter occurred almost 2 years ago. By the time the court is over he will have missed three years of his career.

Now each of the charges Cause Grievous Bodily Harm, Affray and Recklessly cause Grievous Bodily Harm carry maximum sentences of 10 years.. Its doubtful that the two GBH offences would both lead to conviction. One or the other. Affray would almost certainly be a concurrent sentence.. Understand that's the maximum sentence and its almost assured he would face a far shorter sentence. First offence would assure this.

If this is the case and the No Fault Rule stipulates that any offence carrying a maximum sentence of 11 years or more results in an automatic suspension, then as I see it the question of his ability to play becomes discretionary. Of course they may play cute and say the maximum sentence he faces is 30 years but that would seem absurd given it relates to a single incident and there is no chance he will face that length of time in gaol. Its like sentencing someone convicted of murder to extra time for carrying a concealed weapon. It would always be concurrent.

Seems to me the NRL has, under its own guidelines, the right to allow him to play. And given he's been out of the game (in part through injury) but mainly through this rule they have, that justice is not being seen to be done if they continue for anther year to deny him the right to play. He'll pay the penalty if he's convicted and rightly so. But this is just, as I continue to argue, guilty until proven innocent in the eyes of the NRL.

 

[davohan123]

A man who was allegedly stabbed by NRL player Manase Fainu at a Mormon church dance can’t say who it was who actually plunged a knife into his back, a court has been told.

Lawyers for Fainu, 22, said on Monday the Manly Sea Eagles hooker was wanting to play again “as soon as possible” after he was sidelined under the NRL’s no-fault stand down rule following the 2019 brawl.

Defence barrister Margaret Cunneen, SC, acting on behalf of Fainu, told Parramatta District Court the alleged victim, 24, could not say who stabbed him during the incident outside the church in Wattle Grove in Sydney’s southwest

“As I understand it, the victim doesn’t know who it was who stabbed him, he’s not the main witness as it were,” she said.

Fainu has pleaded not guilty to multiple offences including intentionally wounding after police alleged he stabbed the victim in the back.

The court heard he wants to have a trial in front of a jury to try and clear his name.


Judge Gina O’Rourke, SC, asked if the alleged victim could give evidence in a prerecorded video and said the first possible trial date was in June next year.

But Crown prosecutor Emma Curran said he lived on the outskirts of Adelaide with no computer and that South Australian courts were prioritising local matters due to Covid restrictions.

Ms Curran also said the alleged victim would be away on a church “mission” until at least July next year.

Judge O’Rourke suggested an alternative trial date of July, 2022, but Ms Cunneen took issue with that date and said Fainu wanted to return to playing football as soon as possible.

“It does suit, your honour, although it’s regrettable that it has to be a month later than the court could accommodate particularly (because) my client has some sporting commitments to which he would be hopeful of returning as soon as possible,” she said.

“Perhaps by then it might be possible for the victim to do a prerecord and for us to accommodate the earlier date in June.”

Judge O’Rourke set a trial date for July, 2022, but also told Ms Cunneen that she could speak with Ms Curran about the alleged victim giving evidence in a prerecorded video, which could potentially bring the trial date forward.

The judge listed the matter for a call over next May when lawyers will discuss any issues pending any earlier trial date.

“I’ll list it for a call over then, just in the event that there’s no fresh application for a change of date, I’ll list it for a call over on May 27,” she said.

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[Simonmyers11]

What is going on? This is becoming a joke isn't it. Another year and the victim doesn't even know who stabbed him? Where is the main witness then? Why does faniu have to wait another year to hear the victim say he doesn't know who stabbed him? He doesn't have a computer so he cannot give evidence lol Pretty sure the court could provide him one or a means to give his statement. More and more sounding like a witch hunt against him

 

[Dan]

It sounds as though the victims statement is inconsequential for the most part and will rely oin others saying they saw what they though was Fainu

Sometimes I wonder how they continue to get these things pushed through court, I wouldn't be massively confident if I were the prosecutor and the more time that passes the less confident I would become. He-said she-said stuff.

With all of that said, that is the end of the benefit of Fainu, if he isnt back this season or start of next season, that's too much footy he has missed out on and its a hard road back. Almost like when hoppa JR went on his mormon mission, came back half the player

 

[Stewbojevic]

What an absolute farce

 

[Shoe1]

A man who was allegedly stabbed by NRL player Manase Fainu at a Mormon church dance can’t say who it was who actually plunged a knife into his back, a court has been told.

Lawyers for Fainu, 22, said on Monday the Manly Sea Eagles hooker was wanting to play again “as soon as possible” after he was sidelined under the NRL’s no-fault stand down rule following the 2019 brawl.

Defence barrister Margaret Cunneen, SC, acting on behalf of Fainu, told Parramatta District Court the alleged victim, 24, could not say who stabbed him during the incident outside the church in Wattle Grove in Sydney’s southwest

“As I understand it, the victim doesn’t know who it was who stabbed him, he’s not the main witness as it were,” she said.

Fainu has pleaded not guilty to multiple offences including intentionally wounding after police alleged he stabbed the victim in the back.

The court heard he wants to have a trial in front of a jury to try and clear his name.


Judge Gina O’Rourke, SC, asked if the alleged victim could give evidence in a prerecorded video and said the first possible trial date was in June next year.

But Crown prosecutor Emma Curran said he lived on the outskirts of Adelaide with no computer and that South Australian courts were prioritising local matters due to Covid restrictions.

Ms Curran also said the alleged victim would be away on a church “mission” until at least July next year.

Judge O’Rourke suggested an alternative trial date of July, 2022, but Ms Cunneen took issue with that date and said Fainu wanted to return to playing football as soon as possible.

“It does suit, your honour, although it’s regrettable that it has to be a month later than the court could accommodate particularly (because) my client has some sporting commitments to which he would be hopeful of returning as soon as possible,” she said.

“Perhaps by then it might be possible for the victim to do a prerecord and for us to accommodate the earlier date in June.”

Judge O’Rourke set a trial date for July, 2022, but also told Ms Cunneen that she could speak with Ms Curran about the alleged victim giving evidence in a prerecorded video, which could potentially bring the trial date forward.

The judge listed the matter for a call over next May when lawyers will discuss any issues pending any earlier trial date.

“I’ll list it for a call over then, just in the event that there’s no fresh application for a change of date, I’ll list it for a call over on May 27,” she said.

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This is outrageous.

 

[Highflier]

Crazy situation this. Quite frankly the NRL should give a temporary dispensation for this kid because the way its going he'll be out of the game for approaching half a decade. He may be guilty and that's for the court to decide but this is injustice in my opinion. He's not causing the delay so why should be suffer. This matter occurred almost 2 years ago. By the time the court is over he will have missed three years of his career.

Now each of the charges Cause Grievous Bodily Harm, Affray and Recklessly cause Grievous Bodily Harm carry maximum sentences of 10 years.. Its doubtful that the two GBH offences would both lead to conviction. One or the other. Affray would almost certainly be a concurrent sentence.. Understand that's the maximum sentence and its almost assured he would face a far shorter sentence. First offence would assure this.

If this is the case and the No Fault Rule stipulates that any offence carrying a maximum sentence of 11 years or more results in an automatic suspension, then as I see it the question of his ability to play becomes discretionary. Of course they may play cute and say the maximum sentence he faces is 30 years but that would seem absurd given it relates to a single incident and there is no chance he will face that length of time in gaol. Its like sentencing someone convicted of murder to extra time for carrying a concealed weapon. It would always be concurrent.

Seems to me the NRL has, under its own guidelines, the right to allow him to play. And given he's been out of the game (in part through injury) but mainly through this rule they have, that justice is not being seen to be done if they continue for anther year to deny him the right to play. He'll pay the penalty if he's convicted and rightly so. But this is just, as I continue to argue, guilty until proven innocent in the eyes of the NRL.

Great summary Bear ,any chance you could approach the NRL and highlight a few of your points they seem very logical to me along with the fact that this Greenturd rule as shoddily cobbled together as it is , was done pre Carona virus (Greenturds daughter never counted on something like Covid ) and the worlds prism for everything has changed since then .This rule should be reassessed in light of Covid and the undue delays it has caused to someones ability to ply his chosen trade and achieve justice one way or another .

 

[Dion Johnson]

Sydney has been in lock down a month roughly and now it moves 12 months out?? That’s strange a month moving a trial out 12 months.

The NRL and the stand down policy are at fault also, to blatantly dig their heels in and not look at this is absolutely stubborn ignorance.

 

[Shoe1]

"But Crown prosecutor Emma Curran said he lived on the outskirts of Adelaide with no computer and that South Australian courts were prioritising local matters due to Covid restrictions.

Ms Curran also said the alleged victim would be away on a church “mission” until at least July next year."

Complete farce, the Judge should be laughing at these excuses. Surely there is an avenue to have this trial called off.

Mormons on bikes have mobile phones and can access computers at the Mormon Church.

There are also public libraries throughout Adelaide and surrounds equipped with computers and wi-fi.

 

[wombatgc]

"But Crown prosecutor Emma Curran said he lived on the outskirts of Adelaide with no computer and that South Australian courts were prioritising local matters due to Covid restrictions.

Ms Curran also said the alleged victim would be away on a church “mission” until at least July next year."

Complete farce, the Judge should be laughing at these excuses. Surely there is an avenue to have this trial called off.

Mormons on bikes have mobile phones and can access computers at the Mormon Church.

There are also public libraries throughout Adelaide and surrounds equipped with computers and wi-fi.

That the judge would even consider the absolute crap from Curran is diabolical.
‘It feels surreal. I can’t imagine how Manase and his family are feeling right now.

 

[Stewbojevic]

"But Crown prosecutor Emma Curran said he lived on the outskirts of Adelaide with no computer and that South Australian courts were prioritising local matters due to Covid restrictions.

Ms Curran also said the alleged victim would be away on a church “mission” until at least July next year."

Complete farce, the Judge should be laughing at these excuses. Surely there is an avenue to have this trial called off.

Mormons on bikes have mobile phones and can access computers at the Mormon Church.

There are also public libraries throughout Adelaide and surrounds equipped with computers and wi-fi.

Yea this is 2021… what a ridiculous excuse

 

[Stewbojevic]

Even if they changed the stand down policy he’d be playing with this hanging over his head. Still a horrible position. The court system is archaic.

 

[SeaEagleRock8]

The fault for court delays is directly attributable to a long succession of state governments which considered that even without a pandemic it is quite acceptable to wait 18-24 months for a trial.
Then add the pandemic and the Federal govt's disastrous failures in sourcing sufficient vaccines and ensuring adequate quarantine facilities, and next minute 2 years become 3.

 

[Shoe1]

The fault for court delays is directly attributable to a long succession of state governments which considered that even without a pandemic it is quite acceptable to wait 18-24 months for a trial.
Then add the pandemic and the Federal govt's disastrous failures in sourcing sufficient vaccines and ensuring adequate quarantine facilities, and next minute 2 years become 3.

What about the need for the prosecution to have its case ready?

"Your Honour, we need an extra year, the previous 2 years hasn't been enough time for us to organise a statement from the person who was stabbed".

 

[Shoe1]

Wouldn't be hard for the defence to establish whether the victim has a social media presence and how often they post stuff from this no-internet wasteland of suburban Adelaide.

 

[eagleron]

2 years eh
You hang with cripples you walk with a limp

Like all of us , Manase I believe would wish he made better life decisions

I have made many mistakes and caused others distress but I knew the rules

I like the guy and I hope he has a good future

but it isn’t the leagues problem

I still don't think standing someone down from his job is right, the law states innocent until proven guilty so how is it right for the nrl to basically classify any player as guilty before they've had their day in court? Add to that the affect it has on the team which ultimately affects the income of the club involved, I can't understand how it can be legal to deliberately affect the ability of a club (business) to function and be profitable, quite bewildering!

 

[sheridanstand78]

So we have a further delay in this trial commencing. I find it absurd that witnesses cannot link up via zoom to give their evidence.

The thing is if Manase is innocent its 3 years out of the game by the time the trial is done. That is a huge chunk of his career and our club continues to be penalised by this rule from the NRL.

There needs to be a better solution and some consistency when there are current players in the game who are allowed to play in spite of some serious charges they were found guilty of.

Curse Greenturd for this rubbish!