Benji Marshall involved in late-night incident

[stryker]

HI all. Not the best way to start a season filled with promise.

We all love Benji. He is already a legend of the club and from all reports a very decent and caring person. A very loyal person, However He has had a brain snap here. Sure the bloke probably deserved it. But 2 days after he launched the season, one week before Round 1 What is going through his mind when he turns around and decides to clock the bloke?? Surely some of the potential consequences were running through his head??

Surely he would of known this would of got out to the media regardless of whether the drop kick went to the cops?? What happens if Benji knocks him out and he cracks his head on the concrete? Could of been a whole lot worse.

Benji should of walked away. Simple. It is unfair, very unfair. However thats the way it is these days. 3.20am in the morning, just walk away or don't be there at all. I support him 100% but he has made a mistake here. A mistake i'm sure he regrets deep down.

Yeah fair points Eddie but taking all of that into account, he still decided to hit the bloke.
That to me points more to the fact that he was so incensed by these comments that they must have been extremely hurtful, or that he felt threatened.

I dont however agree with the call that he shouldnt have been out at 3 in the morning…..he wasnt blind, wasnt womanising or acting the fool, he was minding his own business and was set upon. These blokes should be allowed to have a life. For god sakes the main reason he was still out and about was because he mildly celebrating a triumphant fund raiser that he hosted.

He has every right in the world to be there and didnt deserve this.

 

[Tigermac]

HI all. Not the best way to start a season filled with promise.

We all love Benji. He is already a legend of the club and from all reports a very decent and caring person. A very loyal person, However He has had a brain snap here. Sure the bloke probably deserved it. But 2 days after he launched the season, one week before Round 1 What is going through his mind when he turns around and decides to clock the bloke?? Surely some of the potential consequences were running through his head??

Surely he would of known this would of got out to the media regardless of whether the drop kick went to the cops?? What happens if Benji knocks him out and he cracks his head on the concrete? Could of been a whole lot worse.

Benji should of walked away. Simple. It is unfair, very unfair. However thats the way it is these days. 3.20am in the morning, just walk away or don't be there at all. I support him 100% but he has made a mistake here. A mistake i'm sure he regrets deep down.

Excellent post.

I wonder what was really said to make him react that way. Suppose we will find out soon enough

 

[Yossarian]

Just because he has been charged does not mean the charge is VIABLY PROSECUTABLE at law!!!!
>
Alot of water to go under the bridge yet ladies & gents!!!!
\

**Lets hope the DPP drops the case.**
Maybe he just got upset when he found out that Benji Burger's aren't available at McDonalds?
\

Yep. Although more correctly, let's hope the DPP decide the case isn't strong enough to expect a reasonable chance of getting a conviction. As Redemption says there are still many stages to go. Someone would have to go to the trouble of puting a brief to take to the DPP which will only happen if the cops think there is a reasonable case. Then the DPP takes a look and says yay or nay. And I've seen the SDPP knock back some pretty solid looking cases

Let me give you an idea of what happens so as to stop the confusion and misleading statements.

Person attends police station and makes a complaint re assault. Has an injury (broken skin) which amounts to an Assault Occasioning Actual Bodily Harm (1 grade higher than Common Assault, but 1 grade below Assault Occasioning Grevous Bodily Harm). Police take a statement from the complainant. They then attempt to interview the other party to the incident. The other party attend and are interviewed by police, however they refuse to provide a version of events (which is their right). The police then have no option but to charge that person based on the version of events that has been provided by the complainant. Benji was charged with Assault Occasioning ABH, and this charge would have been backed up with the lesser charge of Common Assault.

So what happens now? He is bailed to appear at the Local Court (most likely the Downing Centre) in 6 weeks time for Mention. Between the date of being charged and the mention date, the police are required to prepare a brief of evidence, and serve this on the defense (Benji and his legal team).

First mention date - Benji will either plead guilty with an explanation, and the matter will be dealt with and finalised on the day (unless the Magistrate is considering a custodial sentence in which case he will adjourn the matter allowing for a pre-sentence report to be completed). If Benji pleads not guilty, the matter will be set down for hearing usually about 3-4 months from the mention date. At the hearing, witnesses will be called to give evidence from both sides (the prosecutin as well as the defense). A matter like this would probably go for 2 days. The Magistrate will make his decision as to guilt or innocence at the end of the hearing.

As for all this talk about the DPP dropping the charges (no Billing the matter)etc - hogswash. This matter is a Local Court matter that will be prosecuted by a Police Prosecutor. The DPP deal with matters in the District Court and above. They can however, involve themselves in matters of community significance in the Local COurt - something that this matter is not. IN that regard, the police have no power to plea bargain, nor do they have the power to drop charges (only the Commission of Police can do this in instances where taking the matter to court would be of no benefit to the community - very rare). There is however, the possibility that the complainant withdraw his complaint - in which case the charges will be immediately dropped. If the complainant does not withdraw his complaint - this matter will go before a Magisrate.

For all those getting their hopes up - that this will all blow over - sorry to burst your bubble. From my experience, Benji will either plead guilty with an explanation, or (based on what his Manager has said) be found guilty based on witness accounts. As for punishment from the courts - it is likely to be a fine and Good Behavour Bond.

I hope that makes the future course of events a little clearer for those not sure of what happens in these instances.

Actually the DPP can elect to have the matter heard in a district court if they choose to do so. You're right that the DPP most likely be involved - we're talking a split lip. Benji may also be given a section 10 given the very low level of the assault and if the court takes into account a defence such as duress although as you point out a bond is the most common outcome.
I apologise if my musings on the matter were incorrect. My experiences (and possibly Redemption's) are with more serious matters heard in District and Supreme Courts where the DPP are involved in everything.
Please understand most of us post in good faith. I appreciate your knowledge on these matters but go easy on the rest of us when we get it wrong!

 

[Yossarian]

In my humble opinion I think he would have a fair chance of fighting the charge and winning. There is likely to be a thousand witnesses and if some of them say the bloke appeared to have a threatening demeanor or said something that could be interpreted as threatening that will be enough to raise self defence, and a reasonable doubt of guilt for the jury. I wouldn't be surprised if the complaint is withdrawn before the mention date either.

No jury sits in the Local Court - just a learned Magistrate.

Sorry tigr3 - but saying something threatening or having a threatening demeanor does not justify the use of force. And stricltly speaking, self defense is not a defense to assault - but the prosecution must disprove self defense should the defense raise it as an issue. In this case (at this stage), everything seems to point to the fact that Benji was walking away, but stopped, turned and approached the 'victim' prior to the alleged assault. This would make for a very simple argument for the prosecution, and I can confidently say that no court would deem such circumstances as self defense. But, none of us know what evidence will be presented. I sincerely hope that he will be found not guilty, however, on what has been alleged to have happened so far - I can't see that being the case.

Have a look at this link - it will give you all the details about AOABH and will allow you to make an **informed** opinion

http://www.policensw.com/info/misc_gun/assault1.html

Well yes we don't know enough about the events to dismiss a self defence claim. Self-defence is a perfectly reasonable defence for assault under the right circumstances. As you correctly point out, the onus is on the prosecution to prove beyond a reasonable doubt that the defendant was NOT acting in self-defence. I'd rather not comment too much on the specifics of this matter for 2 reasons - 1) I don't know enough of the facts and 2) charges have been laid but if someone has a genuine fear not only of their safety but also their liberty they can claim reasonably self-defence.

Granted, from revealed evidence it appears a reaction to a provocation but again we don't know.

 

[tigh]

Actually the DPP can elect to have the matter heard in a district court if they choose to do so. You're right that the DPP most likely be involved - we're talking a split lip. Benji may also be given a section 10 given the very low level of the assault and if the court takes into account a defence such as duress although as you point out a bond is the most common outcome.
I apologise if my musings on the matter were incorrect. My experiences (and possibly Redemption's) are with more serious matters heard in District and Supreme Courts where the DPP are involved in everything.
Please understand most of us post in good faith. I appreciate your knowledge on these matters but go easy on the rest of us when we get it wrong!

My apologies Yossarian - but I'm not meaning to mock anyones posts. I'm just trying to bring my objective experience into the discussion. Apologies if I'm seen to be going hard - not intentional. You're right - the DPP can elect to have a matter sent upstairs - but I'm not sure how that relates to this discussion. TBH - I can't see a S10 coming about in this case - but, stranger things have happened.

For what it's worth - and this will probably come as a bombshell for this topic and perhaps change everyones view of events and discussion surrounding 'self defense with this case. It seems that the evidence suggests that the person Benji allegedly assaulted was not the person who verbally assaulted him - it seems he hit the wrong bloke. No self defense or provocation in that scenario - straight up AOABH. As I said - a guilty plea with an explanation the most likely outcome.

 

[redemption]

Tigh - I also appreciate your knowledge - but I am yet to find where mine is flawed!

I never suggested that the charge(s) would/could be dropped by DPP or anyone else - however without the ongoing support & court attendance of the complainant - there is no case and as such it becomes unviable to prosecute!!

Thereby - honourable Magistrate dismisses charges!

I would be surprised to see the complainant/protagonist follow through on such a minor charge unless they want to be a pariah & laughing stock for the remainder of their days!!

Also - the fact that a brief on this matter has been compiled at the request of the Police Minister suggests this may just possibly land in the "community significance" pile & therefore be referred to the DPP!

And yoss is correct in stating that the majority of my experiences have been in relation to far more serious criminal proceedings - but I have plenty of Local Court experience upon which I based my carefully chosen words!

However - your statement as to him possibly hitting the wrong bloke suggests you are more privy to the police case as it stands than the rest of us are!! (That has not been published to my knowledge!)

Cheers mate!

 

[redemption]

Wow… didn't think Benji's name would come up. **I have heard some negative stories about him lately though.**
Hopefully it's nothing major. Giving someone a face cut isn't exactly exactly a sack-able offence.

Care to expand on these negative stories you heard all the way in Griffith mate???????

None of us who live within coo-ee of him have been hearing anything negative!

Please enlighten us…....

 

[redemption]

There seems to be a complete lack of objective thought on this thread. **It appears Tauber made up the racist remarks.** If so Benji stuffed up even worse than what I initially thought.

That comment completely defames Tauber - what are your grounds for suggesting he "made it up"?????????

Because it has not been proven - or discussed/confirmed by people who know better than to raise it out of a court setting????

And we're not the objective ones eh????

Even when the media uses the word "distancing" they mean "not commenting"…....

 

[Guest]

Souths skipper Roy Asotasi tells NRL players they just have to walk away from trouble
By Steve Gee and Dean Ritchie From: The Daily Telegraph March 08, 2011 12:00AM

AS Benji Marshall escaped immediate punishment over his alleged assault, his former Kiwi teammate Roy Asotasi issued a warning to all NRL stars: "You have to learn to walk away."

The Rabbitohs skipper yesterday said while he sympathised with Marshall - pictured moments before the incident - superstars were role models and had an obligation to walk away from trouble in public.

"You just can't go around hitting people, obviously trying to solve things on you own because it does come back to haunt you.

"It is pretty tough, but you've got to understand that you're a role model in the community and a lot of eyes are on you so you've just got to learn to walk away from it regardless - even if they are pretty bad remarks," Asotasi said.

The call came as NRL chief David Gallop yesterday defended the decision not to punish Marshall for allegedly punching a man early on Saturday at the George St McDonalds restaurant.

Gallop, who yesterday received a detailed report on the incident from the Tigers, said Marshall escaped sanction because there was no evidence of misconduct prior to the assault.

"Certainly this is a very different situation to that which we dealt with two years ago with Brett Stewart," Gallop said.

"In that situation, there was clear evidence of misconduct on the night that was separate to the allegation of sexual assault.

"We left the allegation of sexual assault for the courts to determine but we acted on the misconduct that occurred earlier in the night. That's a clear and stark difference to the situation we are dealing with now with Benji Marshall."

Meanwhile, a witness who filmed Marshall with his mobile phone just moments before the incident said the superstar was in great spirits as he departed McDonalds.

"He was very happy … signing autographs, posing for pictures.

"He seemed like he didn't have a care in the world."

 

[Guest]

Marshall may need a minder, says his manager Glenn Jackson
March 8, 2011

BENJI Marshall will consider using a minder when he is out at night following the altercation that resulted in assault charges against him.

''Maybe that ultimately is an option, somebody walking 10 paces behind you,'' Marshall's manager Martin Tauber said yesterday. ''We talked about it three years ago. I said to him, maybe in time, if it continues, this harassment, somebody will need to accompany him.

''I raised it the other night with him. It's something we might have to consider.''

While he was chosen as the face of the 2011 season largely on the back of his image, Marshall has not been immune to off-field trouble, before his latest drama. In 2008, he said he posed for a photograph with a patron in a Kings Cross nightclub before he was abused and then set upon. In 2007, he was slapped in the face at the Bondi Junction hotel The Eastern, which led to an all-in brawl, during which Parramatta star Mark Riddell was glassed in the face.

Asked yesterday if his players were being targeted, NRL boss David Gallop said: ''We're all aware that they can be the subject of harassment. There may well be some findings by a magistrate in relation to that in this case, but I'm not in a position to make comment on that.''

Marshall's fellow Kiwi, the South Sydney captain Roy Asotasi, maintained players needed to walk away, even if the racial abuse of Marshall is proved correct.

''Benji is the face of the game and he is going to get targeted by a lot of people,'' Asotasi said.

''It's pretty tough but you've got to understand that you're a role model in the community and a lot of eyes are on you. You've just got to learn to walk away from it.''

 

[Guest]

Former Maroons star Sing backs Marshall
Ian McCullough and David Beniuk
March 7, 2011 - 6:49PM

Former Queensland and Australia star Matt Sing says he was regularly subjected to off-field racist abuse during his playing days in Sydney.

The prolific former Penrith, Sydney Roosters and North Queensland winger, who scored 176 tries in a 341-game career, before retiring in 2008, said he had complete sympathy with Benji Marshall after the Wests Tigers five-eighth was charged with assault, following an incident in Sydney's CBD in the early hours of Saturday morning.

Marshall's manager, Martin Tauber, insists the player was provoked into punching a man after he allegedly made racist comments towards the New Zealand captain.

Sing said he frequently had to deal with abuse from people on a night out and admitted he once came very close to punching a man in Sydney who hurled racist insults at him in front of his family.

"It was when I played for the Roosters and me and my family were on our way home and a guy came up and started bagging the Roosters outside Easts Leagues Club," Sing told AAP.

"I was walking away and trying to make light of the situation, and then he called me a black so-and-so, and something just went off inside of me.

"Thankfully, I had my family with me and I managed to avoid hitting the bloke and I just told him to watch himself, but it could have been a situation similar to Benji's where you get yourself in trouble just standing up for yourself."

Sing, who ended his career with Hull FC in the English Super League after 25 State of Origin appearances and 18 caps for the Kangaroos, said the potential for trouble was everywhere.

"It happened to me on more than one occasion in different places. You are just out having a quiet beer and some bloke wants to start a fight or feel they have the right to have a go at you just because you are a footballer," he said.

"It is just a case of being careful and not doing anything stupid to provoke the situation but it can be tough for players and I feel for Benji."

Marshall's former Kiwis team-mate Roy Asotasi says NRL stars are subject to racial taunts but need to be smart about how they respond.

"It is out there but how you deal with it, you've just got to be a bit smarter," Asotasi told reporters at Redfern Oval.

"It is pretty tough but you've got to understand that you're a role model in the community and a lot of eyes are on you so you've just got to learn to walk away from it regardless, even if it is pretty bad remarks.

"I'm hoping that he is in the right because I know him personally and it doesn't seem like Benji."

 

[tiger05]

AS Benji Marshall escaped immediate punishment over his alleged assault, his former Kiwi teammate Roy Asotasi issued a warning to all NRL stars: "You have to learn to walk away."

I always thought Asotasi was a pussy. Walk away - he obviously doesn't post on internet forums.

 

[Yossarian]

Actually the DPP can elect to have the matter heard in a district court if they choose to do so. You're right that the DPP most likely be involved - we're talking a split lip. Benji may also be given a section 10 given the very low level of the assault and if the court takes into account a defence such as duress although as you point out a bond is the most common outcome.
I apologise if my musings on the matter were incorrect. My experiences (and possibly Redemption's) are with more serious matters heard in District and Supreme Courts where the DPP are involved in everything.
Please understand most of us post in good faith. I appreciate your knowledge on these matters but go easy on the rest of us when we get it wrong!

My apologies Yossarian - but I'm not meaning to mock anyones posts. I'm just trying to bring my objective experience into the discussion. Apologies if I'm seen to be going hard - not intentional. You're right - the DPP can elect to have a matter sent upstairs - but I'm not sure how that relates to this discussion. TBH - I can't see a S10 coming about in this case - but, stranger things have happened.

For what it's worth - and this will probably come as a bombshell for this topic and perhaps change everyones view of events and discussion surrounding 'self defense with this case. It seems that the evidence suggests that the person Benji allegedly assaulted was not the person who verbally assaulted him - it seems he hit the wrong bloke. No self defense or provocation in that scenario - straight up AOABH. As I said - a guilty plea with an explanation the most likely outcome.

No worries Tigh - no offence taken. I do admit my knowledge of local court stuff is fairly limited. You'd be surprised how many ABH cases get section 10ed - someone told me yesterday it's around 10% in local courts. Also you'd have to consider that most people on assault charges don't possess very clean records and even if it's their first time up they often have a few other charges thrown in. Benji has a spotless record and this is his only charge.

The self-defence thing is interesting. As I understand it (and I'm not a lawyer) the defendant only has to have a reasonable fear of harm, deprivation of liberty etc. The fact he (apparently) hit the wrong person is possibly not a barrier to claiming this - he only has to believe that assaulting the guy was the only way to avoid himself being hit or prevented from leaving. As I said though, I'm speculating in general without knowing the specifics. Personally I doubt he'll mount a self-defence or duress defence.

As you say the 2 likely outcomes are the peanut withdrawing his complaint/not co-operating with the prosecution enough for the facts to be in question or Benji pleading guilty and getting a s10/GBB

 

[Yossarian]

Wow… didn't think Benji's name would come up. **I have heard some negative stories about him lately though.**
Hopefully it's nothing major. Giving someone a face cut isn't exactly exactly a sack-able offence.

Care to expand on these negative stories you heard all the way in Griffith mate???????

None of us who live within coo-ee of him have been hearing anything negative!

Please enlighten us…....

Probably how he only raised $250k for charity when a better man would have hit 300k. Or how he continues to use his high profile to promote causes like cancer awareness. Or maybe its how he gets a good feeling about spending time with sick kids.

The guy is a disgrace… Do you know he even gets paid to play football?!

 

[hammertime]

It a sad society when the bad guy gets to dish out what he wants without repercussion and we expect the good guy to defuse the situation by walking away, emasculated, with his tail between his legs.

There is something majorly wrong with this situation and it absolutely sickens me with the amount of people who are comparing a provoked clip on the chin to a king-hit or grievous bodily harm.

We wonder why there is increased disorderly conduct in the younger generation and on our streets. Its not the alcohol, its the lack of repercussions for the conduct.

 

[Cultured_Bogan]

AS Benji Marshall escaped immediate punishment over his alleged assault, his former Kiwi teammate Roy Asotasi issued a warning to all NRL stars: "You have to learn to walk away."

I always thought Asotasi was a pussy. Walk away - he obviously doesn't post on internet forums.

Put the fishing line away please.

 

[tigh]

Wests Tigers media conference live on 2gb now

 

[tigh]

Benji: Intends to defend the charge. No further comment by Benji. Looks forward to taking place in the team this weekend. Thanks family and friends and Humphries. Thanks the public for support. Thanks media. That's all he can say for now.

 

[tigh]

Sheens: Q: HOw big a distraction: A: First day back today and all in good spirits. Monday night game advantage. Lui at hosp with wife ATM.
Q: Will Benji be mentally okay to play. A: Benji ocncerned. But his mental state right. In good hands with lawyers. Confident in good shape ready for Monday.
Q: Should players be out? A: He was out rasinig funds for kids cancer…........

2gb Left the int there - guess it will be on TV tonight

 

[Yossarian]

Q: Should players be out? A: He was out rasinig funds for kids cancer…........

Great answer Tim! Hard to follow that one up!!