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Force sues former staffer over alleged leaks
Gerard Ryle and Jacquelin Magnay; SMH | November 23, 2007
The Australian Rugby Union has failed to act on serious allegations of assault, potential financial irregularities and that a bizarre witch-hunt was conducted against a suspected whistleblower at the Western Force Super 14 club.
The allegations involving the Force were detailed in information put to the ARU last week and follow raids on a private business and the home of a former Force employee.
The raids were conducted after the Force searched computer records of some employees in a failed attempt to learn if anyone leaked information to the Herald about serious wrongdoings at the club. The club then obtained search warrants for the home and new workplace of a former employee and began civil legal action against him.
Western Force officials initially vehemently denied stories in the Herald earlier this year that outlined more than $300,000 in secret payments that were made to Wallabies players last year in breach of the governing body's protocols.
After being confronted by the ARU, the club admitted guilt and was fined $150,000. The secret payments dated back to the formation of the club, when it tried to recruit top-line players.
A lawyer from Freehills in Perth, Dan Dragovic, acting for the former Force employee, yesterday said: "Rugby WA [The Western Force] is suing my client. They are alleging that he breached certain obligations of confidentiality they say were owed to them, and we have denied those allegations."
The allegations of assault and potential financial irregularities were made separately to the ARU and do not form part of the civil action. The allegations were made by the suspected whistleblower after he went to the ARU for help.
ARU deputy chief executive Matt Carroll said he received pieces of information from the man verbally, but that details needed to be on the record and in writing before the ARU would take action.
But Carroll said: "I have no details, documents, or information … unless they are under investigation by the police, but I don't know details of the activities that have occurred. He didn't come forward as a whistleblower to the ARU, he merely told us … that the Western Force is taking legal action and the other matters were an issue for the police, and therefore that is where it should rest."
Carroll said there had been no meetings scheduled with the Force over the allegations, but said the ARU was continuing to monitor player contracting issues with the club. The ARU was waiting for the Force's internal audit on its player contracts, to be submitted to the ARU by mid December.
"We can ask for further details if we are not satisfied with the response they provide," Carroll said.
The Force made the secret payments to three Wallabies players in 2006 and possibly as late as January 2007, despite the club's protesting that the payments related only to its inaugural season.
Nathan Sharpe was paid about $200,000, Scott Fava about $80,000 and Cameron Shepherd about $20,000. Former player Chris O'Young was guaranteed the club would find him outside employment worth about $20,000, and he earned most of that in a job secured for him by the Force.
Although the deals breached ARU protocols, there is no suggestion the players were aware of any potential breach. Under the protocols, teams are generally allowed to pay players $110,000 a year, in addition to a set of agreed extras such as cars and housing allowances. Internationals also receive additional wages from the ARU.
Furthermore, no state union is to be involved in facilitating, procuring or arranging third-party deals as an inducement to sign a player without ARU approval.
But during early 2005 the Force recruited several players and guaranteed to find them paid employment, outlining the income players would receive. The club guaranteed to pay the players if the employment fell through, which is what occurred.
The money was hidden in the Super 14 club's annual accounts and did not appear as "player payments", even though it was paid to three Wallabies on the Force's books.
The Western Force's ability to attract star players has long drawn suspicion from the ARU and other Super 14 clubs. It has been central to the team's rapid improvement. The club rose from wooden spooners in their first year to the second most successful Australian team last season.
But the payments also had an adverse effect at the Western Force, where several employees have been made redundant during the past 12 months as the club struggles to find broad support in AFL-obsessed Perth.