‘Extremely weak case’: Beale argues he should have never been charged

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Lawyers for rugby prima Kurtley Beale, who was cleared of intersexual offences successful a Bondi pub, person argued the “spectacular” quality betwixt the CCTV and the woman’s versions of events made for an “extremely anemic case”, arsenic they question to person his tribunal costs paid for by the state.

Beale, 35, faced a NSW District Court proceedings earlier this twelvemonth accused of intersexual intercourse without consent and 2 counts of intersexual touching, but the assemblage recovered him not blameworthy of each charges.

Kurtley Beale extracurricular tribunal successful February aft his acquittal connected intersexual battle charges.

The defence had argued the complainant had “instigated” the intersexual enactment wrong a toilet cubicle of the Beach Road Hotel, and that it was consensual, relying connected CCTV that showed the pistillate pursuing Beale into the men’s bathrooms and aboriginal hugging him goodbye astatine the bar.

Defence barrister Margaret Cunneen, SC, told Judge Graham Turnbull connected the time of Beale’s acquittal that his ineligible squad would question to person his ineligible costs reimbursed by the state. If successful, the process involves the NSW attorney-general determining an due amount.

The justice volition see factors including the reasonableness of prosecutors instituting proceedings.

At the costs proceeding connected Friday, which Beale did not attend, Cunneen said the edifice CCTV captured a representation which was “most spectacularly different” to the complainant’s account, including the lead-up and aftermath.

“It was wide to each the prosecuting authorities that her relationship was, successful truthful galore ways, contradictory ... from what was wide from the CCTV,” she said.

“Various radical were either told [by the complainant] oregon understood that Mr Beale had followed her into the bathroom.”

Cunneen said of the enactment captured aft the brace emerged from the bathroom: “There was nary evident discomfort betwixt the complainant and Mr Beale.”

“There was adjacent carnal hugging and kissing … and touching by the complainant and Mr Beale. Everything looked cordial.”

The justice raised the taxable of “rape myths” and that juries are directed that radical tin respond successful antithetic ways, specified arsenic “if idiosyncratic doesn’t outcry retired oregon struggle, it doesn’t mean it didn’t happen”.

Cunneen replied: “So far, I haven’t heard a rape story that victims tin past beryllium seen to clasp their attacker oregon assailant wrong minutes successful public. They mightiness conscionable basal determination shocked retired of their mind.”

She said the complainant had not “stood determination similar a stunned mullet”, alternatively her demeanour had been “extremely lukewarm and affectionate” and she was seen laughing afterwards, contempt her grounds that she had rejected Beale’s advances wrong the cubicle.

Cunneen said the pistillate had a “very important deficiency of credit” and the lawsuit was “doomed to fail” based connected the CCTV, which made for “an highly anemic case”.

Crown authoritative Philip Hogan said Beale’s “admissions” successful telephone calls, some from the complainant and to his manager Isaac Moses aft helium was confronted with the allegations, presented a tenable lawsuit to prosecute “absent immoderate consideration” of the woman’s credit.

In the recorded calls, Beale apologised and said he had “totally misjudged” the situation and “I messed up”.

The justice connected Friday described the admissions arsenic “a precise potent crushed to charge, oregon whitethorn be”.

Turnbull said the costs determination was a “conundrum”. He volition present his determination successful June.

Outside tribunal aft the verdicts, Beale said his household had “suffered a unspeakable year” and helium was gladsome “the information has travel out”. He was supported during the proceedings by his large wife, Maddi, and others.

Beale was stood down by Rugby Australia successful January 2023 pending the decision of his ineligible proceedings and RA’s ain investigations.

The erstwhile Wallaby returned to rugby successful March, playing for Randwick successful the Australian Club Championship lucifer against Brothers successful Brisbane, days aft the decease of his member William.

Beale precocious signed for the Western Force until the extremity of the Super Rugby season.