A Sydney magistrate has thrown out a betting scandal case against three rugby league identities. Source: AAP
THE case against three rugby league identities embroiled in an alleged betting scandal was doomed to fail, says the Sydney magistrate who threw out the case.
Former rugby league player John Elias, former Parramatta player Brad Murray and Jai Ayoub, the son of Murray's manager Sam Ayoub, had the prosecution against them permanently stayed on Wednesday.
"I find that the prosecution would not be in a position to prove the element of deception beyond a reasonable doubt in all defendants' matters," Magistrate Greg Grogin said in Downing Centre Local Court on Thursday.
"The prosecutions would therefore, if allowed to proceed, inevitably be doomed to failure."
The three men were previously charged with dishonestly obtaining financial advantage by deception by placing bets on the NRL game between North Queensland and Canterbury on August 21, 2010.
The match was the subject of an unusual betting plunge on the first score being a Cowboys penalty goal which did not eventuate.
All up, they could have won a total of $123,000 from a series of separate wagers.
Former NRL player Ryan Tandy, who played for the Bulldogs that day, was fined $4000 after he was found guilty of trying to manipulate the first scoring point of the match to dishonestly obtain a financial advantage.
In his decision, Magistrate Grogin supported the defence's argument that just because the trio may have received information about actions on the field to force the penalty it did not constitute an offence.
It is the nature of professional sport for people close to players, coaching staff and others to hear information that could affect the outcome of a match, he said.
He also said there was no evidence they took part in planning what happened on the field.
"There is a lack of proximity or causal link between the on-field activity and the placing of the exotic bet," he said.
The magistrate also noted they were not charged with a conspiracy, joint criminal enterprise or common purpose charge.
Counsel for the trio will have their applications for costs heard before the same court on September 20.
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