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THE Australian Rugby Union has sent a legal letter to its former chief executive, Gary Flowers, warning him he is being "monitored" as a result of statements he made to The Australian last week.
On September 1, Flowers broke a two-year silence to plead for the Victorian Rugby Union to be allowed to put its case for the Melbourne Super 15 licence directly to the ARU board.
It is understood that, partially as a result of Flowers' support for the VRU's complaint that there has been a lack of due process in deciding who would receive the licence, the VRU and its main rival, VicSuper15, will be permitted to make presentations to the board before the ARU finalises its candidate tomorrow.
Flowers, who served as ARU chief executive during the 2004-07 period between John O'Neill's first and second terms as CEO, confirmed yesterday the ARU's in-house lawyer had sent him a legal letter, via his lawyer, advising him his conduct and comments were being monitored. Attached to the letter was a copy of the September 1 newspaper article in which Flowers observed: "Some would say they (the VRU) have been marginalised because of personal agendas."
Flowers refused to discuss the letter further. "I'll deal with the ARU board in terms of any correspondence forwarded to me," Flowers said.
An attempt to contact ARU chairman Peter McGrath to ask him whether the board had approved the warning letter to Flowers was unsuccessful.
An ARU spokesman confirmed correspondence had been sent to Flowers, but in response to queries as to who had approved the letter, what other rugby identities had been issued with similar legal letters and who was funding the cost of the ARU's legal actions, he said it was "inappropriate to publicly discuss ARU business".
One of Flowers' former senior ARU managers, former Brumbies CEO Rob Clarke revealed yesterday he had received a disturbing SMS from a prominent former Wallaby, not directly involved with the ARU.
The message apparently was triggered by Clarke's August 31 call in The Australian to ARU directors to "stand up and be counted" and properly monitor the process of choosing Australia's fifth Super rugby franchise.
The text message read, in part: "Rob - a bit of advice after your spray on Australian rugby last week re governance. If you want to open the file on your time at the ARU and that disgraceful period in Australian rugby please do as the public deserves the truth not spin."
Clarke said he interpreted the text as an attempt at censorship. "This 'playing the man not the ball' tactic is exactly why there are so many people in the game today expressing dismay at the lack of cohesion and communication in Australian rugby," Clarke said.
Informed sources have told The Australian the ARU has issued legal warning letters to about half-a-dozen critics of the current administration, including members of the media, former administrators and a prominent coach.
Meanwhile, it is understood McGrath's performance as ARU chairman is increasingly coming under scrutiny and that as early as tomorrow's board meeting he could meet the same fate as Dick McGruther, who was voted out as chairman in 1998 - and for much the same reason.
As O'Neill described it in his autobiography It's Only a Game, "the states felt he (McGruther) was not controlling my management team, or me, and was too hands-off as chairman".
Although the states have their own reservations about the ARU's leadership, they are likely to remain spectators if an attempt is made to remove McGrath.
In other news, Channel 10 has reportedly emerged as a player in the SANZAR broadcast rights talks, with the network keen to screen Super rugby matches free-to-air, although Fox Sports is expected to retain the rights to the bulk of the fixtures.
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