A magistrate has opted not to convict two Dragons players over a drunken brawl outside a Wollongong nightclub last year, after the pair's QC reached a plea agreement with prosecutors.
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Tim Lafai and Siliva Havili fronted Wollongong Local Court Thursday morning, each expected to contest charges of affray and offensive conduct.
Instead, they entered guilty pleas after charges were downgraded to common assault (Havili) and offensive conduct (Lafai).
Representing both men, Greg James QC told the court a disagreement inside Atchison Street nightclub Fever had preceded an altercation, in the early hours of Sunday July 24, on the street outside.
The men had played reserve grade football on Saturday, having been dropped from the Dragons that weekend. With teammates, they went out for drinks afterwards, only to encounter "some degree of envy" inside Fever, Mr James said.
"It appears there was some hostility to first grade players playing in lower competitions," he said. "The upshot of that was that Mr Havili was knocked over inside the bar, and later, when leaving the bar, possibly one of the persons involved [appeared] and from there it all blew up."
In documents tendered to the court - amended to reflect the downgraded charges – police describe how Lafai and Havili departed the club about 5am and positioned themselves in separate locations a short distance away, both facing the nightclub’s exit.
Havili was soon afterwards seen to “deliberately jostle” one of three men who left the club, before throwing a punch, prompting a rush of people to join the throng.
Among them was Lafai, who attempted to intervene before security personnel broke up the melee. The “jostling” continued however, before and after Lafai took off his shirt and threw it to the ground.
The pair later told police they believed they were targeted because they played in the NRL.
They were issued with a move along direction but were soon afterwards fined,, when they re-engaged with those involved in the original conflict on a nearby street, in view of police
Mr James said Lafai's role was limited to "running in as a second player". "He doesn't do anything of any substance to anybody," he said.
Both men had been stood down from the Dragons for one match, fined by police and suffered negative publicity as a result of the incident - itself a form of punishment, Mr James told the court.
He said the men had much to lose if they were convicted, particularly Havili, who was not an Australian citizen. He added the players were unaccustomed to alcohol. "They were in a foreign context and unable to cope."
Magistrate Susan McGowan received character references for both men and heard they had clean criminal histories. She noted there was no mention in police documents of whether a punch thrown by Havili had connected. "Mr James has said these two men still have a future in front of them," she said. "[He says] … a conviction will do irreparable harm to their careers."
"What bothers me is that they [Havili and Lafai] were waiting outside [the club]. They could have gone home."
Mr James denied the pair were waiting with any "malicious intent".
Magistrate McGowan encouraged the recently married Havili to spend more time with his wife and suggested Lafai remember his negative experience when he next went out drinking. "They single you out," she told him. "You have to use a little common sense."
Both men were spared a conviction and placed on 12-month good behaviour bonds. The magistrate opted not make sobriety a condition of the men's bonds.
Lafai, 25, of Minto, has played 26 games for the Dragons since shifting from the Bulldogs prior to the 2016 season.
He had an indifferent first year with the club but has been an early-season standout in the Dragons’ flying start to 2017.
Kiwi International Havili has played only sparingly in the top grade since joining the Dragons from the Warriors last season, spending most of his time with Illawarra in the Intrust Super Premiership.
Both players were immediately stood down when police laid charges last year, but were reinstated after a player revolt demanded it, pending the outcome of their case.