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Sonny Bill faces criminal charges in Australia
AM - Saturday, 9 August , 2008 08:05:00
Reporter: Jayne Margetts
ELIZABETH JACKSON: The Bulldogs runaway player Sonny Bill
Williams is now facing the prospect of criminal charges after
defying an injunction and playing his first game for the French
rugby union team of Toulon.
But his rugby union career got off to a shaky start when he was
sin binned for 10 minutes after a trademark shoulder charge.
Williams walked out on a five year contract with the Canterbury
club two weeks ago. And yesterday the Supreme Court made an order
stopping him from playing for anyone else, which means he's now in
contempt of court.
Sonny Bill Williams was warned that if he ignored the order the
court could seize his assets, including his million dollar mansion
in Sydney's South.
Jayne Margetts spoke to sports law expert, Paul Horvath.
PAUL HORVATH: If the Sonny Bill incident can be seen to
stand, then the Australian contracts are worth nothing, and you
would think that it could expose the Australian league
internationally to having all sorts of contracts simply disregarded
by other international leagues.
JAYNE MARGETTS: What are the implications of Sonny Bill
Williams playing in last night's game in France?
PAUL HORVATH: Firstly is that it would be regarded as a
contempt of court. That is that a court has made an order that he
not play.
Secondly if he has any assets there, then potentially if the
case were to go all the way, if the Bulldogs were to succeed
against him, then those assets could be used in payment of damages
for the breach of contract alleged by the Canterbury Bulldogs.
JAYNE MARGETTS: What are the chances of him ever being
charged with contempt of court if stays out of the country?
PAUL HORVATH: Well it's a good question. In my view
couldn't be forced, or I'd be surprised if he could be forced to
come back to the country. So he couldn't be extradited to Australia
to face these court proceedings, being of a civil nature.
But in terms of contempt I'd be surprised if he's be extradited
for that as well. So the net effect is by ignoring the court order
he simply suffers potentially a financial loss, and it would cause
him real difficulties were he to ever return to Australia.
JAYNE MARGETTS: Is this a test case in Australia?
PAUL HORVATH: Certainly, absolutely. It's got very broad
implications across all sporting codes, because it raises the issue
as to whether or not, what is the value of a sporting contract once
it's signed with a professional sporting organisation.
Clubs and individuals, the players, need to know that these
contracts are enforceable and consequences will flow if people
don't honour these contracts.
JAYNE MARGETTS: These contracts are clearly not
enforceable are they? If the worst that could happen to Sonny Bill
Williams is that he would have his assets seized?
PAUL HORVATH: The short answer is I think that's right.
Unless there's some sort of international recognition, either in
the courts or through international sports bodies, then I think
that's right.
ELIZABETH JACKSON: Sports law expert, Paul Horvath,
speaking to Jayne Margetts.
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