The Kurtley Beale saga took an unexpected twist on Friday when it emerged that texts allegedly sent by the Wallabies star to former team business manager Di Patston had been tampered with and altered, possibly by a third party.
As Beale prepared to face an Australian Rugby Union code of conduct hearing in Sydney on Friday afternoon, Guardian Sport understands that the ARU sought independent forensic analysis to verify text exchanges between Beale’s and Patston’s mobile phones during the time period Beale allegedly sent sexist and offensive images to Patston in early June.
There are significant discrepancies with the texts presented in evidence by Patston in her formal complaint against Beale and the texts he actually sent.
Further, it is understood a number of texts included in the exchange between the pair had not been tendered in evidence at all.
Beale will face a three-panel tribunal at ARU headquarters at 5pm today. It is possible the charges against Beale – for allegedly breaching section 7 of the ARU’s member protection policy, which includes cyber bullying and harassment – could be tossed out if tribunal chairman district court judge Mark Williams SC deems the evidence tainted to the extent of being unreliable.
Guardian Sport understands Beale’s submission will mount a robust defence of the charge, and he will seek legal costs against the ARU should the tribunal find he has no case to answer.
Beale’s legal advisers had tried to ensure that former Wallabies coach Ewen McKenzie, who resigned last Saturday, and Patston attend the hearing so they could be cross-examined.
However, as former employees neither can be compelled to attend, and it is unlikely they will do so.
If Beale is cleared by the tribunal he could join the Wallabies tour party to the UK, which is scheduled to depart Sydney airport shortly before the hearing.