So. Kurtley Beale has escaped with a $45,000 fine and no suspension (the Tribunal ruling that he had effectively already been suspended).
But was this a great day for rugby, with the light of truth shining forth on the dark mess of the past few weeks? Hardly.
The Tribunal found Beale guilty of a ‘serious violation’ of the ARU Code of Conduct for sending an offensive photograph to an ARU employee. Crucially, however, the Tribunal also found that ‘evidence did not establish that a second, more offensive text and photograph had been sent by Beale’.
This was the key to the whole matter and was readily acknowledged as such. ‘It was a positive outcome that the Tribunal found that the more offensive text and photograph had not been sent by Kurtley,’ said Rugby Union Players’ Association CEO Greg Harris. As a result, Beale was found not guilty of a charge of breaching section 7.3 of the ARU’s member protection policy, which relates to anti-discrimination and harassment, and therefore was not sacked.
This is a fudge and should be seen as such. If Beale didn’t send the second more offensive text and photograph, then who did? Doubtless Di Patson could tell us. But she couldn’t be compelled to testify, as she is no longer a current employee.
Plainly, the second text and photograph exists, it is filthy, and it would have breached section 7.3. regardless of who sent it, Di Patston received it. The Tribunal, Beale, and the ARU know what it contains. Only two explanations exist: either Beale sent the second text and photograph, but his legal team have successfully covered his tracks; or another, unnamed player did so, and the ARU is protecting that player for fear of further fallout.
Either way, the whole thing stinks. It is hard to know whether the right result has been obtained, because we still don’t know what really happened. The lack of transparency is glaring.
Yet even without the gory details, this is the sort of crude behaviour that belongs in rugby league and NFL, not rugby union. And instead of protecting the game and the image of Australian rugby as a whole, a feckless ARU has turned a blind eye, failed to root out the facts, and given Beale yet another chance.
Was justice served on Kurtley Beale?
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