Sidelined St George Illawarra star Jack de Belin has abandoned his Federal Court appeal over the NRL’s contentious stand-down policy, but still maintains the rule is unlawful.
The legal challenge by the 28-year-old, who has pleaded not guilty to raping a woman in December, was due to begin on Thursday.
But his barrister Arthur Moses SC told the Federal Court judges the parties had reached an agreement and the appeal would be discontinued.
It comes after a date for De Belin’s rape trial was set for March 2020, before the start of the NRL season.
Given the timing and the likelihood that the appeal decision would not be finalised until after the 2019 season, there was no utility in the matter proceeding at this stage, Moses said.
De Belin was not present in court on Thursday.
But in a statement, the Dragons said “de Belin maintains the NRL’s stand-down rule operates as an unlawful restraint of trade and is contrary to his presumption of innocence”.
In May, the NSW lock lost his case against the NRL and the ARL Commission, with Justice Melissa Perry rejecting his bid to be reinstated and ruling he pay the NRL’s legal costs.
He had not played since the league introduced a no-fault stand-down policy for players facing serious criminal charges.
At a brief hearing at Wollongong District Court on Tuesday, a judge listed the trial of de Belin and his co-accused Callan Sinclair for March 2 next year, with an estimated trial duration of two weeks.
They have denied five charges of aggravated sexual assault in company of a 19-year-old woman at a Wollongong unit in December.
Moses told the court the parties had agreed Justice Perry’s cost order against de Belin should be set aside.
Justice Jayne Jagot made the consent orders which included each party paying their own legal costs of the appeal.
The ARLC and NRL later welcomed the withdrawal of the appeal.
In a joint statement, ARLC chairman Peter Beattie and NRL chief executive Todd Greenberg said the no-fault stand-down rule introduced in March – and confirmed by Justice Perry – continued to apply.
“We have always held the view that the no-fault stand-down rule is in the best interests of the game and are pleased that the legal challenge to this rule has now been concluded,” the pair said.
“We continue to work with the club to monitor the welfare of Mr de Belin.”
The players’ union said it understood why the parties agreed to discontinue the appeal, noting it was in de Belin’s interest.
But the RLPA said it remained of the view that the NRL’s stand-down rule was introduced in breach of the Collective Bargaining Agreement.
“The RLPA also remains of view that the stand-down rule operates as an invalid and unreasonable restraint of trade, and will continue to address this with the NRL together with other issues through the CBA dispute process,” the statement said.