Joch McLean avoids full-time custodial sentence

Paul McGirr, instructing Michael Smith barrister, has successfully argued that Joch McLean, the son of former Queensland origin player Mike McLean, should avoid full-time imprisonment after he was convicted of commercial drug supply.

District Court Judge Andrew Scotting issued Mr McLean a section 11 “Griffith” remand allowing him to continue rehabilitation with Elite Athlete Wellbeing Services, operated by Jan Earl.

“The ball is in his court,” Paul McGirr told the Daily Telegraph. “He needs to keep on the straight and narrow or he’ll go in. Simple as that.”

Josh Dugan may sue Cronulla Sharks after COVID breach base

Former State of Origin star Josh Dugan will consider suing Cronulla for wrongful dismissal over his messy departure from the Sharks that ended his NRL career.

Dugan’s solicitor, Paul McGirr, said the ex-NSW and Australian champion was wrongly terminated by the Sharks over alleged Covid breaches when travelling near Lithgow in the state’s central west in August last year.

The matter is before the courts with Magistrate Kasey Pearce to hand down her decision on December 2.

Dugan and his housemate, Ben Williams, were charged with two counts each of failing to comply with a noticed direction under the Public Health Act, to which they have pleaded not guilty.

McGirr argued in Lithgow Court on August 31 that the case against the pair was flawed as his clients had no knowledge of the Covid legislation or restrictions at the time.

If Dugan loses the case, he will immediately appeal.

NRL 2022: Josh Dugan could sue Cronulla Sharks over sacking, alleged Covid breaches | Daily Telegraph

NSW Waratah player Robbie Abel avoids a conviction for charge of driving without a licence

Paul McGirr successfully defended NSW Waratah rugby player Robbie Abel in relation to driving matters before Sutherland Local Court. Magistrate Kemp accepted Mr McGirr’s submissions and did not proceed to record a conviction.

Robbie Abel: NSW Waratah hooker in court on driving charge | Daily Telegraph | Eliza Barr

An international representative rugby player was described as a role model and “a good bloke” when he faced a Sydney court after he was busted driving without a licence.

Super Rugby star Robbie Abel, 31, was hauled before Sutherland Local Court charged with driving as someone who was never licensed in NSW after his ACT license was suspended for unpaid fines.

Police facts tendered to the court state the NSW Waratahs’ hooker was pulled over on Thurlow Rd in Riverwood on May 25 this year because his vehicle was unregistered.

“Checks on the accused’s licence revealed that it was endorsed as suspended but police were unable to determine the reason for suspension due to the limitations of the online system,” police facts state.

“The accused was spoken to about his licence but was unaware of the suspended status of his licence.”

When police subsequently applied for his interstate traffic record they determined his licence had been suspended since July 2019 due to unpaid fines.

A traffic history tendered to the court reveals Abel received two infringement notices in NSW earlier this year – a $344 fine and five demerit points for using his mobile phone while driving, and a $121 fine and one demerit for speeding less than 10km/h over the limit.

At court Abel pleaded guilty at the first opportunity and Magistrate Holly Kemp found the offence proven but dismissed it without conviction.

“This is a firm and friendly reminder that at all times you must be aware of your licence status,” Ms Kemp told Abel.

His solicitor Paul McGirr – who frequently represents elite sportsmen in court – told Ms Kemp his client was living in the rugby union COVID-19 bubble after the Waratahs missed out on a place in the finals.

“Young people tend to look up to sports stars,” Mr McGirr said.

“He’s a good bloke.”

Abel joined the Waratahs last November after playing for Auckland in the Mitre 10 Cup.

He grew up in Orange in the state’s Central West before launching his rugby career as an Australian Schoolboy for St Edmunds College in Canberra and later played for the Maori All Blacks in 2018.

He previously played for the Brumbies and the Rebels in the Super Rugby competition and has returned to NSW with the possibility of joining Gordon in the Shute Shield.

Paul McGirr strongly affirms the legal rights of NRL players the subject of serious allegations

Paul McGirr today hit out at the Australian Rugby League Commission’s anticipated announcement to stand down players charged with serious offences.

Mr McGirr said it was “diverting the criminal justice system” by seeking to take action against star St George Illawarra player Jack De Belin, who has been charged with aggravated sexual assault by NSW Police, and that civil action against the NRL was possible.

“If he’s not playing football, his earning capacity reduces. The thing with Rugby League is that you’re on show in relation to your capacity to earn more money. He wouldn’t be able to play. Third parties, sponsorships, endorsements, everything. No one would want to touch him with a barge pole, all on the basis of him being punished without any finding from any court. In essence, it could break his career,” Mr McGirr told the Daily Telegraph.

“It has nothing to do with his conduct of going out, drinking, partying, or anything else. It’s the fact an allegation has been made - if that’s what they’ve taken their action over, I don’t agree with it. People are innocent unless proven guilty. Some people say ‘until’ - it’s not until. It’s innocent unless you are proven guilty.”

The case could take 18 months to proceed through the courts to finality and if found not guilty, Mr De Belin will have been out of the game for a considerable period of time, jeopardising his playing career.

Mr McGirr indicated that the the NRL was clearly reacting to pressure from commentators about ‘violence against women’ which tended to suggest that it had already made up its mind about De Belin.

“I’ve done hundreds of serious offences cases where people have actually been found not guilty,” Mr McGirr said.

“Certainly I don’t condone violence on women in any way whatsoever. But just because someone makes an allegation or someone is charged, that does not mean they are guilty of it. Let’s wait and see what the court system does. What they’re doing is basically saying we don’t condone violence against women. I dare say De Belin doesn’t condone violence against women.”

Mr McGirr later appeared on Macquarie Sports Radio to discuss the matter.

Lindfield Rugby Club in a fight for survival

Daniel McGirr represented the 100-year-old Linfield Rugby Club on Thursday 25 August before the NSW Rugby Union board with respect to allegations that the club paid players contrary to the Amateur Rugby code of conduct. The allegations are denied and the decision of the Integrity Committee to impose tough sanctions could see the end of the club. 

“It could be catastrophic for the club, which is nearly 100 years old. It would be a tragedy. We have already had players say if we start on minus 10 points next year they will be going to other clubs. And that would be a large exodus of players.

“The club vehemently denies making any payments to any player. The only issue left for the NSWSRU board to determine is whether the club was aware of the payments, made the payments or authorised such payments. There is simply no evidence of payments having been made by the club.”

One rival first division club committee member contacted The Saturday Telegraph to say: “It’s just subbies trying to flex muscle they don’t have. They should be more worried about all the clubs that are dropping out of their competitions than a $600 payment. Subbies may not be around in 20 years. The board is just on a power surge. They are lightweights trying to act like heavyweights. It’s sad and pathetic.”

McGirr won’t rule out taking the matter to NSW’s Supreme Court. The NSWSRU board is currently considering Lindfield’s appeal.

“We are confident that in the NSWSRU board’s judicial capacity justice will be done and that proper legal processes will be followed in making a determination,” he said.

The club is awaiting a final decision on its appeal to the NSWRU board.

http://www.dailytelegraph.com.au/sport/rugby/lindfield-rugby-club-fearful-punishment-meted-out-for-allegedly-paying-player-will-cause-club-to-die/news-story/788da1954514082a811ee7b99c0aa871?nk=b6b56d7abf659ce6420c08554750f2ff-1472357956