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Folau's latest court-lodged documents turns heat up on 2018 emails from Raelene Castle
Israel Folau says Rugby Australia promised they would never seek to stymie his religious beliefs but when they changed their mind, he refused to comply with their conditions.
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That’s one of the sacked star’s many arguments in the latest chapter of his legal battle with the sporting authority, as the 30-year-old fights to be reinstated and receive an apology.
Lawyers for Folau lodged more documents with the Federal Circuit Court on Thursday, as he sues RA and the NSW Waratahs for unlawful dismissal over controversial Instagram comments.
In an email from RA boss Raelene Castle in April 2018, he was told the organisation respected his religious views. “Rugby Australia would never ask or expect him to act in a manner or way that is contrary to his beliefs,” the documents state.
But months later they changed their tune. “Rugby Australia attempted to have Mr Folau ‘agree and acknowledge’ certain purported limitations on his ability to use social media and otherwise comment publicly, but he did not do so,” the documents state.
(Continue reading below…)
Folau claims he did not agree and RA never followed up the issue. The staunch Christian, previously in hot water for his social media comments, also denied claims the RA boss warned him there would be “significant consequences” if there was another incident.
“Mr Folau told Ms Castle that he appreciated where she was coming from, but that he had a right to express his religious beliefs about what was in the Bible,” his lawyers said.
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In one social media post, Folau claimed transgender people were evil and should repent. In another, he paraphrased a Bible passage saying “drunks, homosexuals, adulterers, liars, fornicators, thieves, atheists and idolators” would go to hell unless they repented.
In the latest court documents, Folau also took a swipe at the appointment of a human rights lawyer to the Rugby Australia-convened three-person tribunal which investigated his behaviour and ultimately recommended his sacking.
Folau objected at the time to the appointment of Kate Eastman SC “on the grounds of apprehended bias”, partly due to her advocacy for the LGBTI community. She previously chaired the Law Council of Australia’s Equal Opportunity Committee, the NSW Bar Association’s Diversity and Equality Committee and the Australian Bar Association’s Diversity and Inclusion Committee.
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“Rather than accept Mr Folau’s concern and appoint another legal practitioner (or, indeed, any other person) to replace Ms Eastman SC, Rugby Australia opposed Mr Folau’s application.”
What next for Israel Folau? #RugbyAustralia #Wallabies #Waratahs pic.twitter.com/HE3WSx0Fi7
— RugbyPass (@RugbyPass) May 17, 2019
RA claims Folau’s expressions of faith had always been supported, “provided that these were done in a respectful and inclusive manner”.
“Rugby Australia’s objection to the posts at issue was not their religious content but rather their tone and attributes,” the defence document states.
Folau’s contract with RA was terminated in May this year. His matter will return to court on December 17 ahead of a trial if mediation is unsuccessful.
– AAP
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Comments on RugbyPass
Lets compare apples with apples. Lyon sent weak team the week before, but nobody raised an eyebrow. Give the South African teams a few years to build their depth, then you will be moaning that the teams are too strong.
41 Go to commentsDid footballs agents also perform the scout role at some time? I’m surprised more high profile players haven’t taken up the occupation, great way to remain in the game and use all that experience without really requiring a lot of specific expertise?
1 Go to commentsSuper rugby is struggling but that has little to do with sabbaticals. 1. Too many teams from Aust and NZ - should be 3 and 4 respectively, add in 2 from Japan, 1 possibly 2 from Argentina. 2. Inconsistent and poor refereeing, admittedly not restricted to Super rugby. Only one team was reffed at the breakdown in Reds v H’Landers match. Scrum penalty awarded in Canes v Drua when No 8 had the ball in the open with little defence nearby - ideal opportunity to play advantage. Coming back to Reds match - same scrum situation but ref played advantage - Landers made 10 yards and were penalised at the breakdown when the ref should have returned to scrum penalty. 3. Marketing is weak and losing ground to AFL and NRL. Playing 2 days compared with 4. 4. Scheduling is unattractive to family attendance. Have any franchises heard of Sundays 2pm?
10 Go to commentsAbsolutely..all they need is a chance in yhe playoffs and I bet all the other teams will be nervous…THEY KNOW HOW TO WIN IM THE PLAYOFFS..
2 Go to commentsI really hope he comes back and helps out with some coaching.
1 Go to commentsI think we are all just hoping that the Olympic 7s doesn’t suffer the same sad fate as the last RWC with the officials ruining the spectacle.
1 Go to commentsPersonally, I’ve lost the will to even be bothered about the RFU, the structure, the participants. It’s all a sham. I now simply enjoy getting a group of friends together to go and watch a few games a year in different locations (including Europe, the championship, etc). I feel extremely sorry for the real fans of these clubs who are constantly ignored by the RFU and other administrators. I feel especially sorry for the fans of clubs in the Championship who have had considerable central funding stripped away and are then expected to just take whatever the RFU put to them. Its all a sham, especially if the failed clubs are allowed to return.
9 Go to commentsI’m guessing Carl Hayman would have preferred to have stayed in NZ with benefit of hindsight. Up north there is the expectation to play twice as many games with far less ‘player management’ protocols that Paul is now criticising. Less playing through concussions means longer, healthier, careers. Carter used as the eg here by Paul, his sabbatical allowed him to play until age 37. OK its not an exact science but there is far more expectations on players who sign for Top 14 or Engl Prem clubs to get value for the huge salaries. NZR get alot wrong but keeping their best players in NZ rugby is not one of them. SA clubs are virtually devoid of their top players now, no thanks. They cant threaten the big teams in the Champions Cup, the squads have little depth. Cant see Canes/Chiefs struggling. Super has been great this year, fantastic high skill matches. Drua a fantastic addition and Jaguares will add another quality team eventually. Aus teams performing strongly and no doubt will benefit with the incentive of a Lions tour and a home RWC. Let Jordie enjoy his time with Leinster, it will allow the opportunity for another player to emerge at Canes in his absence.
10 Go to commentsLove that man, his way to despise angry little men is so funny ! 😂
4 Go to comments“South African franchises would be powerhouses if we had all our overseas based players back in situ. We would have the same unbeatable aura the Toulouses, Leinsters or Saracens of this world have had over the last decade or so.” Proof that Jake white does not understand the economics of the game in SA. Players earning abroad are not going to simply come back and represent the bulls. But they might if they have a springbok contract.
22 Go to commentsA lot of fans just joined in for the fun of it! We all admire O'Gara and what he has done for La Rochelle
4 Go to commentsThe RFU will find a way to mess this up as usual. My bet is there will be no promotion into the the Premiership, only relegation into National League One. Hopefully they won’t parachute failed clubs into the league at the expense of clubs who have battled for promotion.
9 Go to commentsWell that’s the contracts for RG and Jordie bought and paid for. Now, what are the chances we can persuade Antoine to hop over with all the extra dosh we’ll have from living at the Aviva & Croke next season…??? 🤑🤑🤑
35 Go to commentsWow, that’s incredible. Great for rugby.
35 Go to commentsYou probably read that parling is going to coach the wallaby lineout but if not before now you have.
14 Go to commentsIf someone like Leo Cullen was in O’Gara’s place I don’t hear Boo-ing. It’s not just that La Rochelle has hurt Leinster and O’Gara is their Irish boss. It’s the needle that he brings and the pantomime activity before the game around pretending that Munster were supporting LaRochelle just because O’Gara is from Cork. That’s dividing Irish provinces just to get an advantage for his French Team. He can F*ck right off with that. BOOOOO! (but not while someone is lying injured)
4 Go to commentsDid the highlanders party too hard before the game? They were the pits.
1 Go to commentsWhat a player! Not long until he’s in the England side, surely?
5 Go to commentsHe seems to have the same aura as Marcus Smith - by which I mean he’s consistently judged as if he’s several years younger than he actually is. Mngomezulu has played 24 times for the Stormers. When Pollard was his age he had played 24 times for South Africa! He has more time to develop, but he has also had time to do some developing already, and he hasn’t demonstrated nearly as much talent in that time as one would expect. If he is a generational talent, then it must be a pretty poor generation.
6 Go to commentsThe greatest Springbok coach of all time is entirely on the money. Rassie and Jacques have given the south african public a great few years, but the success of the springbok selection policy will need to be judged in light of what comes next. The poor condition that the provincial system is currently in doesn’t bode well for the next few years of international rugby, and the insane 2026 schedule that the Boks have lined up could also really harm both provincial and international consistency.
22 Go to comments