Suspended Wallabies star Kurtley Beale has been granted a variation in his bail conditions, allowing him to potentially play rugby in France while awaiting trial on sexual assault charges. Beale, 34, pleaded not guilty to one count of sexual intercourse without consent and two counts of sexual touching in July. The application to vary his bail conditions was opposed by NSW prosecutors, who argued that there would be no oversight or ability to enforce his compliance with the conditions outside the state.
The alleged incident took place in December at the Beach Road Hotel near Bondi Beach, where Beale is accused of sexually assaulting a 28-year-old woman. Beale’s barrister, Margaret Cunneen SC, described the allegations as a pretty classic case. According to Cunneen, Beale is currently in negotiations to resume his rugby union career overseas but cannot finalize any contracts without the return of his passport.
The decision to vary Beale’s bail will allow him to leave the jurisdiction while facing serious sexual assault charges. Crown prosecutor Darren Robinson expressed confidence that Beale would return for his trial in the NSW District Court in January. However, he warned that there are risks associated with allowing him to leave the country, such as the possibility of injury or hospitalization, which could prevent him from returning when required.
On the other hand, Cunneen argued that if Beale’s bail was not varied to allow him to resume his career as a professional athlete, there was a higher likelihood of him ending up in a mental hospital due to his ongoing symptoms of depression, anxiety, and stress. Robinson also raised concerns about the unenforceability of a condition requiring Beale to abstain from alcohol while in a foreign country, given that there was no dispute regarding his heavy intoxication during the alleged offenses.
Under the new bail conditions, Beale will be granted his passport back upon providing proof of a playing offer to the police officer-in-charge of the investigation. He will need to return to NSW before the end of 2023 and surrender his passport again within 24 hours of his return. Additionally, he will be required to provide a $50,000 surety 48 hours before leaving and inform the police of his travel itinerary and place of residence.
Beale, dressed in a blue-checked suit and wallabies-embroidered socks, made no comment as he left the Downing Centre courthouse in Sydney’s CBD.
If you or someone you know has experienced sexual assault, please seek support through helplines such as 1800 RESPECT (1800 737 732) or the National Sexual Abuse and Redress Support Service at 1800 211 028. Lifeline can also be reached at 13 11 14, and beyondblue at 1300 22 4636.
