May 29, 1996: "Bad news: the badness of News"
After sitting and listening to submissions from Super League, Super League club and Super League players, Bob Ellicott QC came out with all guns - and eyebrows - blazing at the appeal hearing.
After sitting and listening to Super League, Super League clubs and Super League players provide submissions as to why Justice Burchett’s ruling banning the breakaway competition should be overturned, ARL silk Bob Ellicott QC took to the stand 25 years ago.
There was a very intellectually intriguing aspect of News Limited’s submissions earlier in the week: they claimed Burchett had been dazzled by Ellicott’s emotive language.
Would the most famous eyebrows in Australian Law tone it down in response? No way!
Ellicott told Justices Von Doussa, Lockhart and Sackville that News had displayed an “ethical void” by attempting “to kill the messenger, the judge, the bearer of the bad news, of the badness of News. From the delivery of the judgment they set out to belittle the judge.
"It is fair to say that we have witnessed one of the most vicious attacks possible on a trial judge. Actually, the judge has been pictured as some emotional incompetent. Now, what a joke. What a joke in relation to any judge on this court, let alone Mr Justice Burchett.
"Can anybody in this court who knows the judge see him as somebody who would be overtaken by emotion and who will, in the course of events, disregard the arguments that are put by both sides, who does not understand the basic elements of judicial competence?
"It is a joke and I trust your honours will put it aside.
"The reality, of course, is that the judge found them out. He laid bare News's dishonesty.
"Nothing was furtherest from their mind that they compete. The only reason they became competitors is because the League did not fall over in April (after the secret signing of players to Super League).
"The fundamental thing is that the Trade Practices Act was never intended to apply to a situation like the relationship between the clubs and the League.
“It is not a relationship in trade.
"For heaven's sake ... if anything is serfdom and slavery, well that is the Super League contract because it binds them down."
TOOVEY LEADS BLUES CHARGE
Sydney Morning Herald, Tuesday, May 21 1996
Origin I:
NSW 14
QUEENSLAND 6
By STEVE MASCORD
Suncorp Stadium
REBEL forward Gorden Tallis would have a rails run into the Queensland State of Origin side for Origin II if he returned to the sport, the Maroons' chairman of selectors Les Geeves indicated last night.
Despite having two tries disallowed, the Blues erased memories of last year's 3-0 series loss by winning with a margin that was deceptively close.
Blues prop Glenn Lazarus, who played all 80 minutes in a Herculean effort, echoed Queensland fears when he said at full-time: "Who knows what we can do in the second game."
Halfback Geoff Toovey, fullback Tim Brasher and almost the entire NSW pack starred in a win which was not perfectly executed but clinically efficient nonetheless.
Afterwards, Geeves fended off repeated suggestions that a major team overhaul was necessary.
But he admitted the Maroons lacked depth in the front row and admitted that selectors had "crucified" North Sydney back-rower Gary Larson by playing him at prop.
Tallis is in conflict with St George and hasn't played this season because he wants to join Brisbane.
"He isn't eligible because he's not playing," Geeves said. "I would never tell him where to play, that's his decision, but if he was playing football anywhere, a player of his talents would certainly be considered.
"We have picked him in an Origin squad before and were hoping he'd come through for us."
Geeves' offer of an olive branch to Tallis will place even more pressure on him to resolve his dispute with the Dragons and play out his contract at Kogarah.
The Blues, with tries to Andrew Ettingshausen and Steve Menzies, took the first step to explode an Origin myth last night.
Their technical proficiency, angled running and interchanged forwards were too much for the Maroons' guts, courage and pride.
"There was plenty of pride in our jumper tonight but there was plenty of good football, too," said Blues coach Phil Gould.
"Queensland might use pride in the jumper to sell it to themselves we did our talking on the field. We don't need all the speeches."
While Super League stars Lazarus and Laurie Daley made invaluable contributions to the NSW win, it was World Cup stars Brasher and Toovey who filled the first two places in most man-of-the-match voting.
The dominance of NSW was highlighted by the following:
+Brett Mullins's first disallowed try in the third minute … he was ruled offside from a Brad Fittler kick;
+A pass from Fittler to Brasher which should have produced a try was ruled forward in the 14th minute;
+Ettingshausen throwing the ball forward and over the sideline with winger Rod Wishart unmarked in the 25th minute;
+Suggestions that Queensland half Allan Langer had been pulled down short when awarded a try in the 49th minute.
+Mullins being ruled offside when he claimed another try in the 69th minute.
Ettingshausen later atoned for his misdemeanour by sliding through inside Michael Hancock to field Andrew Johns's kick and score four minutes before half-time.
Hancock was involved in the Menzies try as well the ball bounced off the winger after being kicked by Fittler, and the Manly forward was on the spot to touch down in the 63rd minute.
Lazarus was the only forward to play all 80 minutes, saying: "I felt so nervous before that game. It was like I was making my debut in 1989 all over again."
Brisbane five-eighth Kevin Walters appears certain to be brought in for Origin II on June 3 at the Sydney Football Stadium after Jason Smith appeared ill at ease at five-eighth.
Unless Tallis makes a comeback, Andrew Gee and Martin Bella will come under consideration for a prop spot. Darren Fritz continues to be hampered by a back injury.
"We defended well but we forced our passes," said Maroons coach Paul Vautin. "Geoff Toovey carved us up in the first half."
Langer took full responsibility for the rash of errors that cost the Maroons dearly. The champion Brisbane captain blamed his mistakes for an apparent lack of cohesion with Smith.
"It was my mistakes, I'll take responsibility for that," admitted Langer. "We've got to make fewer mistakes, it was a big part of the loss. You just can't keep tackling all match and giving the ball back. The boys kept turning up in defence, but the ball control has got to come into the second game.
"When we got back into the game in the second half we started to get a roll on, but mistakes crept back in again. We are a new side together so, hopefully, the next one is a lot better."
NSW 14 (A Ettingshausen S Menzies tries A Johns 3 goals) bt QUEENSLAND 6 (A Langer try W Bartrim goal) at Suncorp Stadium. Referee: David Manson. Crowd: 39.348.
RESOURCES
Implications of the judgement in the Australia Financial Review
Bob Ellicott inducted into the Australian Sporting Hall Of Fame