Wallabies star Kurtley Beale has won a major court victory over being allowed to go abroad to play rugby despite facing trial for alleged rape in the Bondi pub toilet
- Beale is allowed to play rugby in France
- Star awaits trial for alleged assault
- Insists he is not guilty of all charges
Suspended Wallabies fullback Kurtley Beale has been granted several bail conditions to possibly play rugby in France as he awaits trial on assault charges.
The 34-year-old made an attempt to change his bail conditions on Tuesday after pleading not guilty to one count of unauthorized sexual intercourse and two counts of sexual touching in July.
The application was unsuccessfully resisted by NSW prosecutors, who say no playing contract was filed and there would be no oversight or ability to enforce Beale’s compliance with his out-of-state bail conditions.
Beale allegedly sexually assaulted a 28-year-old woman at the Beach Road Hotel near Bondi Beach in December.
The allegations against Beale are a “quite classic case,” his lawyer Margaret Cunneen SC said on Tuesday.
Kurtley Beale (pictured out of court in Sydney on Tuesday) has received several bail conditions to possibly play rugby in France as he awaits trial on assault charges
The former Wallaby allegedly sexually assaulted a 28-year-old woman at the Beach Road Hotel near Bondi Beach in December
Beale is in negotiations to resume his rugby career abroad, she said, but cannot sign any contracts without returning his passport.
“There have been several offers from French clubs,” she said.
Beale would not leave the country until a contract was signed, but that would require his bail to be changed, she said.
Varying Beale’s bail could allow him to leave the jurisdiction as he faces very serious sexual assault charges, Crown Prosecutor Darren Robinson said.
While he was confident Beale would return for his trial in NSW District Court in January, Mr Robinson warned that something could be done to prevent him from returning to Sydney when necessary.
“When a person leaves the jurisdiction, this court may not have control over that person… there are a number of things that can happen if a person leaves the jurisdiction,” he said.
Mr Robinson suggested that Beale could be injured or hospitalized, preventing him from returning to Sydney when necessary.
Ms Cunneen said there was a similar chance that Beale would be hospitalized if his bail was not changed to allow him to resume his career as a professional athlete.
The 28-year-old woman was allegedly attacked in the toilets of Bondi’s Beach Road Hotel (pictured) on December 17 and has reported the incident to police in the Tweed/Byron Bay district.
The court heard that Beale had symptoms of depression, anxiety and stress
“Mr. Beale is more likely to end up in a mental hospital if he is unable to regain some structure in his life,” she said.
The court heard that Beale had symptoms of depression, anxiety and stress.
Mr Robinson told the court that a condition that Beale abstain from alcohol would not be enforceable abroad.
“There seems to be no doubt that Mr. Beale was heavily intoxicated in the hours leading up to and during the commission of the alleged crimes,” he said.
Beale will get his passport back if he shows the police officer in charge of the investigation proof of an offer to play, Judge Antony Townsden ruled Tuesday afternoon.
He must be back in NSW before the end of 2023 and resubmit his passport within 24 hours of returning.
A bond of $50,000 will also be requested 48 hours before he leaves, informing police of his itinerary and where he will be staying.
Sitting behind his lawyers in a blue checked suit and socks embroidered with wallabies, Beale made no comment as he left the Downing Center court in Sydney’s CBD.
1800 RESPECT (1800 737 732)
National Sexual Abuse and Recovery Support Service 1800 211 028
Lifeline 13 11 14 beyondblue 1300 22 4636