The NRL have suspended and fined Melbourne forward Tui Kamikamica, alleging the 27-year-old brought the game into disrepute.
Kamikamica was involved in an altercation in Fortitude Valley last November, with charges of assault occasioning bodily harm dropped in a Brisbane Magistrates court last month.
The NRL had invoked the no-fault stand down policy on the Fiji international, who has returned to training but is yet to play for the Storm in 2022.
A $10,000 sanction ($5,000 suspended) and nine-game ban have been handed down to Kamikamica, with the suspension back-dated, seeing the prop available from Round 10 of the season.
The Melbourne forward has since released a statement in regards to the incident, apologising for his behaviour.
"Late last year while out with my family and friends, I was involved in an altercation and acted in an unacceptable way," Kamikamica writes.
"I would like to publicly apologise for my behaviour.
"I am grateful the charges against me have been dismissed, but importantly, I want to reiterate that I am completely opposed to violence and in particular any form of violence towards women.
"During my time stood down from playing, I have reflected on my behaviour and undertaken independent counselling to ensure I am never in this position again.
"I will continue this personal development and education, as well as share my learnings when and where appropriate to ensure issues surrounding women’s safety, violence and respect are upheld within both the entire NRL and wider community.
"Once again, I would like to apologise for my behaviour.
"I would like to thank my family, friends and the Melbourne Storm for their support during this difficult time."
Kamikcamica's apology came just hours after the NRL handed down their Breach Notice, with the 55-gamer to remain sidelined until Magic Round.
"The National Rugby League (NRL) has issued Melbourne Storm player Tui Kamikamica with a Breach Notice alleging he brought the game into disrepute following an incident in Brisbane on 13 November last year," the league statement read.
"Kamikamica was charged by Queensland Police with assault occasioning actual bodily harm following the incident, with that charge being dismissed in the Queensland Magistrate’s Court on 27 April.
"Following the conclusion of the criminal proceedings the NRL has reviewed available CCTV footage of the incident which showed Kamikamica in a physical altercation with a female member of the public. Any form of violence against women will not be tolerated by the NRL.
"The Breach Notice proposes Kamikamica be suspended for 9 matches and fined $10,000 with 50 percent suspended pending completion of mandatory personal development and tailored rehabilitation programs with NRL Wellbeing & Education.
"Kamikamica will be permitted to play in Round 10 of the Premiership, following the commencement of the training programs and the fulfilment of certain conditions.
"In considering the sanction, the NRL has taken into account the player’s previous clear record and forthright evidence. He will be permitted to credit matches for which he was ineligible under the NRL’s No Fault Stand Down policy against his suspension."
The NRL have given Kamikamica has 5 days to respond to breach notice.
The Storm are scheduled to face Penrith in Round 10 at Suncorp Stadium.
Thanks to Armstrong Legal (armstronglegal.com.au/criminal-law/qld/offences/assault-occasioning-bodily-harm/) we know that a conviction for Assault Occasioning Bodily Harm carries a maximum sentence of SEVEN years in Queensland. (See section 339(1) of the Criminal Code Act 1899 )
To secure a conviction, the prosecution must prove beyond reasonable doubt that:
• you struck, touched or applied force to another;
• you did so intentionally or recklessly;
• you did so without consent or lawful excuse; and
• that action caused bodily harm to the other person (being more than a trifling injury but less than permanent damage).
In the hearing last week, the police offered no evidence, the prosecution was withdrawn and Tui Kamikamika walked out of the court a free man.
But that is not good enough for NRL Central. They are scared of Telstra withdrawing sponsorship of the game, so, in proper Kangaroo Court mode, they accused him under the catch-all offence of “bringing the game into disrepute” – a charge used the world over by sporting organisation to punish players (but note that only the organisation can raise the charge, so players, clubs and the NRLPA can never bring senior management at NRL Central to task for any egregious actions).
Because it is a Kangaroo Court, the NRL raises the charges, appoints the judge, finds the player guilty and hands down whatever punishment it deems sufficient (to satisfy Telstra). In this case the punishment is more than TWICE that handed down last week for Karl Lawton’s tackle on Cameron Murray – a tackle which was lucky not to have left Murray a paraplegic. And a fine as well. And a series of re-education courses to be undertaken.
Remember, the prosecution in the _real_ justice system could not find evidence to show “that action caused bodily harm to the other person (being more than a trifling injury but less than permanent damage).”
Nevertheless, Lawton got four weeks and Kamikamica got nine. What does that say about the NRL’s standards?
They had already stood him down even though the charge he faced carried a maximum of seven years, not the “greater than eleven years” which was the severity bar defined in the “no fault stand-down policy”. They know the mental anguish he would have gone through – he will have known how long Jack deBelin was stood down, thanks to the glacial pace of the justice system, and will have known the career-wrecking impact it has had. But does NRL Central care? Seemingly not.
If anyone has brought the game into disrepute, it’s not Kamikamica, it’s the Kangaroo Court at NRL Central.