The NRL's controversial no-fault stand-down policy is once again in the crosshairs after an attack from Jack de Belin's lawyer.
De Belin has had his aggravated sexual assault case set for retrial after a unanimous or majority verdict was unable to be reached by the jury, following three weeks of evidence in the high-profile case.
It's a precarious outcome for the NRL after de Belin became the test case of the league's 'no fault' stand down policy, introduced after the game's image copped a battering due to a spate of off-field incidents in the so-called 'off-season from hell' in late 2018.
The edict, created by former NRL CEO Todd Greenberg and ARL Commission chairman Peter Beattie, determined that players facing serious criminal charges would be sidelined until their court proceedings were finalised.
Formally charged ahead of season 2019, de Belin has since been ineligible to play for two years, despite training with the Dragons and collecting full pay, in excess of $600,000-a-season.
An Origin and Kangaroos incumbent when he was first stood down, de Belin will be stripped of nearly three years of his prime playing career by the time his retrial concludes. Should he be found not guilty, by midway through the 2021 season he will be nearing 31 years old.
De Belin's lawyer, David Campbell SC, claimed the delays in any given trial revealed flaws in the NRL's hardline policy.
"That's a vice of the rule, isn't it?" Campbell told the Herald. "The absence of some discretionary element in the rule is highlighted by this case because somebody could be held out for five years.
"There needs to be some discretionary amelioration with the harshness of the rule."
Heralded for an ability to listen and act on the sentiments of fans, players and stakeholders, Peter V'landys and Andrew Abdo will have to balance an inevitable looming sentiment to jettison the 'no fault' policy, should de Belin be found not guilty, while preserving the unprecedented professionalism they have thrust upon the game.
Speaking on the issue, Abdo perhaps gave the biggest indication that the policy was here to stay.
"It's a matter of policy that was set by the Commission. It's a strong decision. I support it," Abdo said.
"I was at the NRL at the time, I was the Chief Commercial Officer, and part of the discussion why we did it – we did it for the right reasons. We did it to protect the game.
"The 'no fault' stand-down policy was an important moment for us. It was a message to our fans that while we won't prejudge anyone's guilt or innocence, those charged with very serious offences will still remain employed but will not be able to participate in the premiership.
"I don't see any reason for that changing. If Jack de Belin is found innocent, he will be permitted to play."
De Belin will face retrial in Sydney on April 12th 2021.
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