aul Crawley, The Daily Telegraph5 minutes ago
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In court, Jack de Belin’s legal team has accused the NRL and the Australian Rugby League Commission of misleading and deceptive conduct
Despite his potential availability, the Dragons are reluctant to name de Belin in their 21-man squad on Tuesday.
The Daily Telegraph understands the club’s concerns not only relate to de Belin’s physical and mental wellbeing, but also the impact it could potentially have on his teammates, who will fly to Townsville on Thursday.
De Belin has not played in any of the Dragons’ preseason trials and was last weekend given further time off last week when the team travelled to Mudgee for the Charity Shield against South Sydney.
The Dragons are also seeking clarity from the NRL as to whether they will be allowed any salary cap concession, but this can’t be settled until de Belin’s future is clear.
It could leave the Dragons with an estimated $900,000 in salary cap space for 2019 and 2020 if de Belin is banned.
The Dragons still have to pay de Belin under the code’s new rules but can’t replace him because the NRL is yet to clarify its own policy that was rushed in last week.
In court, de Belin has accused the NRL and the Australian Rugby League Commission of misleading and deceptive conduct, claiming neither had the power to bench him on February 28.
Last week, NRL chief executive Todd Greenberg and ARLC chairman Peter Beattie announced de Belin as the first casualty of the new discretionary powers.
But Justice Rares said that was premature and noted that Beattie, a former politician and Queensland premier, should be used to choosing his language carefully.
“It’s not as though Mr Beattie is not an experienced man with words,” Justice Rares said.
“It is suggesting that this player has been stood down and he hasn’t … that would be pretty damaging for anybody.”
Asked to clarify, NRL barrister Alan Sullivan QC agreed the disciplinary policy will not come into force until Thursday.
“He hasn’t been suspended your honour,” Mr Sullivan said.
“There is nothing to stop Mr de Belin from playing rugby league from now until (then).”
The back-rower is seeking damages and wants the NRL and ARLC to issue a press release and advertise in several newspapers that the Dragons No. 13 has not been suspended and is free to play.
Dylan Walker has also been stood down by the NRL under the “No Fault” policy.
De Belin’s barrister Martin Einfeld QC insisted a correction should also be placed on the NRL’s website “so there’s no doubt”.
The Origin forward has pleaded not guilty to the aggravated sexual assault of a 19-year-old woman in Wollongong last December.
De Belin argues public comments from the NRL and the sport’s governing body suggested they had formed a view he was guilty, warranting his “immediate suspension” from the club.
His lawyers say unsubstantiated claims he had brought the game into disrepute made national headlines, causing “irreparable damage” to his reputation and financial loss.
It’s a move which could leave the game’s new behaviour policy in tatters as de Belin is also seeking to permanently restrain it from being introduced into either the NRL rules or Code of Conduct.
De Belin claims his career days are already numbered given his age and he’ll suffer form loss from reduced field time if the “unreasonable” ban, which is likely to extend past his October 2020 contract, continues.
Court documents also show de Belin stands to lose sponsorship deals and Blues selection chances from the ARLC and NRL’s “unconscionable conduct”, which amounts to an unlawful restraint of trade.
As part of the decision, suspended players facing charges for alleged violence against women or children are still paid a salary and receive access to the club, including the opportunity to train.
But that policy is now under threat as should de Belin win the case, it would also mean Walker, charged with assaulting his fiance, and May, accused of filming and disseminating sex tapes without consent, would also be cleared to play.