Access denied to Tuqiri court documents - then NOTHING!

[travelling_gerry]

7th August 2009, 10:30 WST


The reasons behind Lote Tuqiri’s sacking by the Australian Rugby Union (ARU) remain a mystery for now, with both sides arguing to keep court documents secret.

In the NSW Supreme Court on Friday, Tuqiri’s court action against his contract termination by the ARU was briefly mentioned before Justice Clifford Einstein.

Lawyers for both the former Wallaby winger and the ARU argued for documents related to the matter to be kept under wraps.

The ARU’s lawyer said it would be “undesirable for any publicity until objective arguments were made by both sides.”

Justice Einstein said he was surprised by the request, noting it was unusual for public access to be denied in such a case.

“This court’s usual practice would be to make the court documents relating to this matter available,” he said.

The judge will hear arguments on the matter from both sides as well as the media later on Friday.

Tuqiri had his $1 million a year contract torn up by the ARU on July 1 with no exact details about his termination publicly revealed.

In announcing the sacking last month, the ARU said Tuqiri had allegedly breached the player code of conduct but said it was not a police matter.


http://www.thewest.com.au/default.as...ntentID=160831

[Action Hardcore]

[AndyS]

A judge has ruled that court documents relating to Lote Tuqiri's sacking by the Australian Rugby Union (ARU) should be made public but has allowed one contentious paragraph to be censored.

However, the mystery around Tuqiri's contract termination will remain for now, with parties for the sacked Wallaby and the ARU successfully applying to prevent the release of the documents until next week at the earliest.

The lawyers had argued for the court papers relating to Tuqiri's recent contract termination to be kept under wraps, saying publicity could prejudice the case.

"There's no doubt that a time will arise (when the documents do become available) but why should it be that with the mere lodging of a claim (they) should be released without any control at all over the speculation that may follow," the ARU's lawyer John Sackar QC told the court.

"That's not consistent with open justice, to let people speculate ... when it might place prejudice out there which is entirely unnecessary."

Tuqiri's barrister Tony Meagher SC said the documents only gave one side of the story and to release them would be to encourage discussion outside of the courtroom.

"Your honour shouldn't embark on a procedure that makes allegations public which may force parties to respond in kind," he said.

"The court's process is open but it's not for the purpose of people who read the back page of The Daily Telegraph."

Justice Clifford Einstein said the public had a right to know what had happened in court regardless of who was involved and said open justice "should be not whittled away on a case by case basis".

"Even without the court asking counsel to read out aloud what the pleadings are, the matter is in the same mode and to be treated in the same fashion as if the court had either itself or through counsel required the pleadings to be read aloud," he said.

He did, however, acquiesce to the ARU's application for one "sensitive" paragraph to be redacted from the papers.

Lawyers for the ARU indicated they would be appealing the decision and asked for a stay until the matter could be heard in the Court of Appeal.

The matter will be mentioned in that court on Monday afternoon.

The former Wallabies and NSW Waratahs winger had his $1-million-a-year contract torn up by the ARU on July 1, with no exact details about his termination publicly revealed.

In announcing the sacking last month, the ARU said Tuqiri had allegedly breached the player code of conduct but had not broken the law.

http://www.thewest.com.au/aapstory.a...oryName=594343
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Interesting that it is the ARU lawyers making the argument...

[Thequeerone]

Anyone in Sydney got a couple of hours on Monday not to hear what he allegedly didn't do

[robyn <3]

Again, I think match-fixing. Explains a lot of crappy decisions he's made during the game, and why they can't publisise it. Baaad Lote.

[tragic]

The omission of the "sensitive" paragraph is surely just going to ignite speculation itself. Or would it's contents perhaps hinder contract negotiations with, say, a French team (which is also apparently not happening)?

[Thequeerone]

So he is not going to France now ?

[GIGS20]

Well apparently nobody has spoken to nobody......remember just like nobody spoke to nobody with the SBW thing.

Nobody seems to be pretty good at stitching up contracts in France!

[Thequeerone]

So we take it that there is a mysterious Monsieur X with le nom de plume of Monsieur "NonCorp" (who secretly wishes to be John Eales !) who may or may not be handling Lote's new contract which may or may not be for Bayonne as he has been sacked by the ARU for an action which may or may not have been in breach of contract or may or may not have been justified and he may or may not have cause for legal retribution - on Monday we may or may not find out what he did or did not do that may or may not have caused this alledged Breach - depending on whether the judge decides to release one little paragraph of some documents which should already be in the public domain and the lawyers are arguing that the documents shouldn't be in the public domain as it may or may not appear in the paper -

Have I got this one straight -

[travelling_gerry]

maybe

[brokendown gunfighter]

or maybe not

[tragic]

Allegedly.

[travelling_gerry]

Interesting - just watched a doco about South Sydney RL on ABCHD. Holmes a Court and Russell Crowe talking to Lote about coming to League. Even had pics of Lote being wined and dined.

[The Lone Hydrangea]

Id bet Coaches left gonad that this shit fight will be settled out of court to both parties satisfaction and stop any further damage to said parties and the game itself.

[Darren]

Thanks mate - you're a gentleman!