Australia: NRL's no-fault stand down rule 'unfair, draconian', Jack de Belin's lawyer tells court - PressFrom - Australia
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AustraliaNRL's no-fault stand down rule 'unfair, draconian', Jack de Belin's lawyer tells court

08:05  15 april  2019
08:05  15 april  2019 Source:   abc.net.au

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The new no - fault stand down policy introduced by the NRL is harsh, draconian and extreme, according to the lawyer of St George Illawarra' s Jack De Belin , who is charged with aggravated sexual assault.

A court has been told that the NRL ' s " draconian " no - fault stand down policy could render Dragons forward Jack de Belin unemployable. De Belin began a three-day hearing in the Federal Court of Australia on Monday to challenge the league' s ban after he was charged with sexual assault in

Video provided by AAP

New rules that allow rugby league players charged with serious criminal offences to be stood down are unfair, draconian and unprecedented, the Federal Court of Australia has heard.

St George Illawarra's Jack De Belin is challenging the Australian Rugby League Commission's (ARLC) decision to stand him down as he faces allegations of aggravated sexual assault relating to a woman he met in Wollongong in December.

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Jack De Belin : Paul McGregor will ‘absolutely’ pick Dragons forward if he wins NRL court case. De Belin will challenge the NRL ’ s no fault stand down policy in Federal Court starting on Monday. The new no - fault stand down policy introduced by the NRL is harsh, draconian and extreme, according

Mr de Belin is seeking an order permanently restraining the NRL and ARLC from inserting the new rule into the NRL Rules or NRL Code of Conduct. An interlocutory hearing has been scheduled for next Thursday when it is anticipated Mr de Belin ' s lawyers will challenge the validity of both the new policy

De Belin has pleaded not guilty.

NRL's no-fault stand down rule 'unfair, draconian', Jack de Belin's lawyer tells court© AAP Image/Dean Lewins De Belin hasn't played any football since last season, after missing the Dragons' first trial. A string of off-field incidents prompted the ARLC to change NRL policy, effective from March 11, so players could be stood down if they faced criminal charges carrying a maximum penalty of 11 years or more in jail.

"In our submission it's a harsh rule, it's an unfair rule, it's a draconian rule," de Belin's lawyer Martin Einfeld QC told the Federal Court.

"It's unprecedented, as far as the evidence enables one to tell, in any sporting code in Australia."

Mr Einfeld said it may also be a world-first to have such a measure applied retrospectively.

NRL's no-fault stand down rule 'unfair, draconian', Jack de Belin's lawyer tells court© Provided by ABC News Jack de Belin is suing the NRL for standing him down over sexual assault charges. He said since the NRL began in Australia in 1908, players had always had a right to a hearing and a review of the hearing.

Jack De Belin: Paul McGregor will ‘absolutely’ pick Dragons forward if he wins NRL court case

Jack De Belin: Paul McGregor will ‘absolutely’ pick Dragons forward if he wins NRL court case De Belin will challenge the NRL’s no fault stand down policy in Federal Court starting on Monday.

De Belin ' s lawyers were seeking damages for hurt and distress, as well as for infringing his liberty to work. Jack de Belin ' s Federal Court challenge of the NRL ' s no - fault stand down policy has been unsuccesful. Justice Melissa Perry handed down her decision on Friday afternoon, with de Belin

St George Illawarra forward Jack de Belin will soon learn if he will be allowed to return to the NRL . The Federal Court has confirmed that Justice Melissa The rules , which were rubber-stamped in March, allow the NRL to stand down any player accused of a serious crime which carries a jail sentence of

"That has been removed by these rules," Mr Einfeld said.

"This is, on any view, a remarkable and extreme provision."

Under the new rule, affected players are entitled to full pay and can still train with clubs.

De Belin could face a custodial sentence of up to 20 years, a court heard in February.

He is suing the NRL, demanding it pay for "corrective advertising" and accusing it of misleading and deceptive conduct, court documents revealed last month.

As he announced the new rules, ARLC chairman Peter Beattie said the commission was making no judgement about the innocence or guilt of a player.

But the Rugby League Players' Association opposed the change and said the rule undermined a player's right to be presumed innocent.

De Belin's case is due to be mentioned in a Wollongong court on Wednesday.

NRL chief fears de Belin scandal could cost game 'hundreds of millions'.
In a sworn affadavit to the Federal Court, NRL CEO Todd Greenberg says broadcasters have told him the next television rights deal could fall dramatically.

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