Suspended Wallabies fullback Kurtley Beale has had bail conditions varied for him to potentially play rugby in France as he awaits trial on sexual assault allegations.
The 34-year-old made a bid to vary his bail conditions on Tuesday after he pleaded not guilty to one count of sexual intercourse without consent and two counts of sexual touching in July.
The application was unsuccessfully opposed by NSW prosecutors, who say no playing contract has been tabled and there would be no oversight or ability to enforce Beale’s compliance with his bail conditions outside the state.
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Beale allegedly sexually assaulted a 28-year-old woman at the Beach Road Hotel near Bondi Beach in December.
The allegations against Beale are a “pretty classic case,” his barrister Margaret Cunneen SC said on Tuesday in the Sydney Downing Centre District Court.
Beale is in negotiations to resume his rugby union career overseas, she said, but cannot enter into any contracts without the return of his passport.
“Several offers from French clubs have been made,” she said.
Beale would not leave the country until a contract was signed but needed his bail varied for that to happen, she said.
Varying Beale’s bail would allow him to leave the jurisdiction while facing very serious sexual assault allegations, crown prosecutor Darren Robinson said.
While confident Beale would return for his trial in the NSW District Court in January, Robinson warned anything could happen to prevent him returning to Sydney when needed.
“When a person leaves the jurisdiction, this court has no control potentially over that person … there are a number of things that can happen if a person leaves the jurisdiction,” he said.
Robinson suggested Beale could be injured or end up in hospital, preventing him returning to Sydney when needed.
Cunneen said there was similarly a chance Beale could be hospitalised if his bail was not varied to allow him to resume his career as a professional athlete.
“There is more likelihood of Mr Beale ending up in a mental hospital if he is unable to get some structure back in his life,” she said.
The court heard Beale had been experiencing symptoms of depression, anxiety and stress.
Robinson told the court a condition that Beale abstain from alcohol would be unenforceable in a foreign country.