Presumed innocence until court delivers a verdict
The matter has been adjourned until April 17, but it could take 18 months before a verdict is delivered.
So far the NRL has publicly supported the Dragons’ decision to let de Belin play on, and that position was backed yesterday by former league legends Mark Coyne and Graeme Hughes.
District Court judge Paul Conlon also entered the debate when asked for his expert opinion by News Corp.
Judge Conlon, a former NRL judiciary chairman, noted that already in the code of conduct was a provision that when a player is charged with a criminal offence, the NRL would not seek to impose any sanction until the court process has been completed.
“It would be a rather extraordinary proposition for the rugby league to say in effect that we know every citizen in our community has the right to the presumption of innocence except for rugby league players,” Judge Conlon said. “The thing is, from the point of view of a criminal judge, it would take a very strong direction to a jury that they must disregard any suspension action taken by the NRL and not allow it to influence their impartial adjudication of the facts.”
Coyne, a Dragons great who now stands on the ARL Commission, supported the game’s decision.
“You have to give him the benefit of innocence before he is proven guilty,” Coyne said. “What happens if the trial lasts for two years and he is found innocent and he has had two years of what is a very short career out of the game?”
But while Professor Lumby said it would be reasonable to continue paying de Belin, he should not be allowed to play.
“While innocent until proven guilty is an important principle, overridingly, there is also the question of the message that allowing someone who has been charged with a very serious sexual assault onto the field,” Professor Lumby said.