Flawed Charge Sets Wiki Free

Sydney Morning Herald

Thursday June 8, 2006

Glenn Jackson

WARRIORS prop Ruben Wiki was exonerated by the NRL judiciary last night, escaping an eight-week suspension after exposing two flaws in the case against him.

Wiki's representative, barrister Geoff Bellew, successfully challenged the grade-five "dropping knees" charge against the Kiwi international, which was made after his tackle on Broncos forward Corey Parker last Sunday.

The three-man panel of Mal Cochrane, Don McKinnon and Darren Britt took less than five minutes to quash the charge after 45 minutes of argument and cross-examination.

It became clear early that Wiki's major defence would be that he had been charged with the wrong offence after Bellew exposed weaknesses in the prosecution. First, he argued Wiki's actions had to be considered "highly reckless", then attacked the notion that Parker was "on the ground" when Wiki struck him - key elements of the charge.

Judiciary commissioner Greg Woods directed the panel that there must be a "high degree of recklessness" for a dropping knees charge and that Wiki "must realise that the tackled player was in a vulnerable position and that he foresaw that his knees might strike the tackled player forcefully".

NRL counsel Peter Kite, however, argued that the charge should stand by being considered simply reckless and that Parker was "substantially on the ground".

"It's clear on the video that his [Parker's] knee is on the ground and his body is falling to the ground on contact," Kite said. "The fact that his knee and hip are almost on the ground would satisfy the requirement that this player is on the ground.

"He's obliged to pull out of the tackle. He didn't. He got to a point where it's clear on the video that the only point of contact he could make was with his knee."

Bellew froze video footage twice at the point of contact in a bid to show Parker was not "on the ground".

"On each of those occasions the only parts of Mr Parker's body that were on the ground were at best part of his lower leg from his knee down and part of his lower forearm. The rest of his body was in the air."

Parker would have to have been "tackled to finality" for the charge to be maintained. "That just hasn't happened in this case," Bellew said. "He was still moving."

During cross-examination, Wiki maintained Parker was still moving and not on the ground.

"We play the game hard. I don't go in to hurt someone. I go in there to do my job," he said.

After becoming the first player to have his charges dropped this season, Wiki said: "It would have been a kick in the backside, but someone's looking after me. Geoff's done a great job."

Earlier, Melbourne flyer Billy Slater failed in his bid to have a dangerous-throw charge quashed after unsuccessfully arguing Roosters centre Ryan Cross contributed to the dangerous nature of the tackle.

Slater will serve a two-match suspension after the tackle, just 25 minutes into his return from a seven-match suspension for kicking Tiger John Skandalis.

Kite said the fact that Cross was off-loading was irrelevant.

"It's indeed fortunate player Cross hasn't suffered a serious injury," he said

Meanwhile, Peter Holmes a Court officially bought control of South Sydney at 3.03pm yesterday - and within an hour he was already claiming the club could be the greatest in the NRL. He handed Souths' outgoing chairman Nicholas Pappas a cheque for $3 million at Sydney Town Hall after he and actor Russell Crowe bought control of the foundation club at a members' vote on March 19.

"Could we have the best facilities in rugby league? Yes we can. Are we located in an area where we've got a lot of business, and a lot of potential sponsors? Yes. Will it take time? Absolutely," Holmes a Court said. "But I can't imagine doing anything else.

Holmes a Court said the club would borrow heavily from AFL clubs Sydney and Collingwood and Cricket Australia as they set about their task.

"Brisbane are as slick as, but they're not nearly as slick as the Swans or Collingwood," he said. "The best practices are not unfortunately in rugby league."

© 2006 Sydney Morning Herald

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