Update, Tuesday 1:46pm: The NRL has suspended $15,000 of the $50,000 fine imposed on Cronulla captain Paul Gallen for his abusive social media tirade against the game's officials.
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The NRL said it had suspended part of the fine after being informed of mitigating circumstances, which it declined to specify at his request.
The suspended $15,000 portion of the fine will be imposed if Gallen breaches the game's code of conduct again over the next 12 months.
Gallen is currently serving an ASADA ban as a result of Cronulla's 2011 supplements program and it was recently reported that he had been receiving treatment for depression.
But NRL CEO Dave Smith stood firm on imposing the vast majority of the initial penalty.
"This remains one of the biggest financial penalties imposed on an individual player because it involved one of the most senior and influential people in our game," Smith said.
"We recognise that Paul has been through a lot over the last two years but that does not excuse such a serious breach of the code. We must protect our brand and ensure we set a good example to children and other fans.
St George-Sutherland Law Society president Peter Fowler has supported Judge Paul Conlon's condemnation of the treatment of Sharks and NSW Origin captain Paul Gallen.
Mr Fowler described the NRL's handling of the offensive tweet as "antithetical" [the direct opposite] to the principles of procedural fairness".
He said the word "appeal" in respect to action being taken by Gallen over his $50,000 fine was "a misnomer" because it was the player's first opportunity to present his case and, in fact, he may have no appeal rights at all.
In a strongly worded statement to the Leader, Mr Fowler said:
"I applaud the action taken by the former NRL judiciary chairman, District Court Judge Paul Conlon, in his recent resignation from his position as NRL judiciary chairman.
"The NRL's imposition of a substantial fine on Paul Gallen, without first taking into consideration anything that Paul Gallen may have wished to say about the alleged conduct, is antithetical to the principles of procedural fairness, which are a cornerstone of our justice system.
"Procedural fairness requires the decision-maker to give the person affected by the decision details about the case against them before the decision is made, a right to be heard before the decision is made and the right to an unbiased determination acting only on logically probative evidence.
"The fact that Paul Gallen has an appeal right does not change the presumption in law that the rules of natural justice should be observed before the decision-maker makes the decision in the first place, where the decision affects the person's rights and interests.
"The appeal will be the first opportunity Paul Gallen will have to put any relevant mitigating circumstances to the NRL so, in fact, it is a misnomer to call it an 'appeal' at all.
"Unless there is further recourse to an appeal after the NRL considers Paul Gallen's submissions, there is, in reality, no appeal available to the player.
"This is not about whether or not Paul Gallen acted inappropriately, it is about implementing a procedurally fair system for dealing with conduct that may involve a breach of NRL rules, players' code of conduct, or contractual obligations.
"Determination of the probity of a player's conduct, and imposition of a penalty, should follow implementation of the rules of procedural fairness, not the other way around.
"The action taken by Judge Conlon upholds the principles of a fair judicial system."
Related:
Do you agree with Peter Fowler's support for Paul Gallen?
