By Sarah McPhee
Suspended rugby union star Kurtley Beale has had his bail conditions significantly altered so that he can travel overseas if he signs a contract with a French club while awaiting trial accused of sexually assaulting a woman at a Bondi pub.
The 34-year-old has pleaded not guilty to sexual intercourse without consent and two counts of sexually touching another person without consent after the alleged incident at Bondi’s Beach Road Hotel on December 17 last year.
Kurtley Beale arrives at Downing Centre District Court on Tuesday for his bail variation hearing.Credit: Bianca DeMarchi/AAP
Beale has been committed to stand trial in Sydney in January. However, he faced Downing Centre District Court on Tuesday with barrister Margaret Cunneen, SC, solicitor Lauren MacDougall and supported by his mother-in-law for a bail variation application, which was opposed by the Crown.
Prosecutor Darren Robinson said the issue was whether the court would allow Beale to leave the jurisdiction to take up a professional rugby union contract pending his trial.
He said Beale’s bail conditions had included reporting once a week to police, living at a particular residence and not consuming any alcohol, and there could be “no oversight” of the latter if he was elsewhere.
Robinson alleged Beale had been “heavily intoxicated in the hours leading up to and during” the alleged offending. The prosecutor said the allegations were “extremely serious” and the charge of sexual intercourse without consent, if proven, carried a maximum penalty of 14 years behind bars.
He said the Crown was not suggesting Beale would intentionally not return for his trial, but “there are a number of things that can happen if a person leaves the jurisdiction” such as hypothetically being hospitalised and unable to attend proceedings.
Cunneen told the court Beale was in negotiations and had several offers from French rugby clubs but was “not in a position to sign a contract yet because he hasn’t got a passport in his hand”, which was previously surrendered.
In a statement in January, Rugby Australia said Beale had been suspended “with immediate effect pending the conclusion of legal proceedings, as well as Rugby Australia’s own investigations”.
Cunneen said Beale would travel to France with his wife but would not leave Australia until a contract had been signed.
Responding to the Crown submission that Beale may end up injured or in hospital, she said there was “more likelihood of Mr Beale ending up in a mental hospital if he is unable to get some structure back into his life”.
She said a psychologist had confirmed Beale was suffering from severe symptoms of depression, anxiety and stress. Cunneen said Beale had played since he was 15 and his “life is meaningless” without rugby training.
“He has had the structure of that game, morning to night,” Cunneen said.
She said Beale had also told the psychologist he had abstained from alcohol since he was charged, and the court could have “great confidence” in him abiding by that condition.
Cunneen said Beale was a “famed rugby player” and would be noticed in public if he was drinking, submitting that any breach would be “very poor for him on his return”.
“And return he will, your Honour,” she said.
“His main submission is that he is keen to have the opportunity to remove this stain from his name during a fair trial to be conducted in this court. He is so keen to clear his name.”
Judge Antony Townsden allowed the bail variation application, stating he did not have any concerns, on the material before him, about Beale attending court for his trial, and it would appear he had been abstinent from alcohol since his arrest.
The judge was mindful that Beale would be travelling with his family, including his in-laws for a couple of months, and that they offered their full support.
He set detailed terms of variation to Beale’s bail, should Beale receive an offer of employment to play rugby union in France.
These include having his passport returned to him upon proof of the offer to the officer-in-charge, providing a copy of his itinerary details and his place of residence in France to police, not consuming any alcohol, returning no later than December 31, 2023, surrendering his passport on return to Australia and a $50,000 deposit to be forfeited if there is any breach.
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