M Burgess failed to show up at the local court in Moss Vale on Monday after his lawyer Bryan Wrench formally filed the claim amid a bitter battle between the former skipper of South Sydney and Ms Burgess
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M Wrench has also officially pleaded not guilty to a charge that Mr. Burgess had assaulted M Hooke last year
M Wrench filed a notice of motion last week that Ms Burgess and Mr Hooke be found in contempt of court after Ms Burgess brings domestic violence and drug allegations against former England double
Wednesday, in Moss Vale local court, M Wrench requested that the case go to a hearing in two weeks
However, he was promptly reprimanded by Magistrate Ian Cheetham who said he missed the seven-day deadline for filing the notice of motion and failed to file a affidavit as required
« There is no affidavit, there is some form of timeline and no evidence to support the claim, » said M Cheetham
The charges of intimidation and assault against Mr. Burgess were scheduled to be heard on November 16
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M Wrench hoped to speed up the contempt of court hearing so the bullying charges can be resolved as soon as possible
However, M Cheetham said he would need permission to make a proper request and that this would likely delay the hearing into the bullying allegations against Mr. Burgess
Additionally, Police District Attorney Jamie Palmer told court that Ms Burgess’ affidavit had nothing to do with the bullying case
M Wrench previously told the court that the police did not provide Ms Burgess’ statement and he recently subpoenaed the police to obtain a copy
Ms. Palmer objected to Mr. Wrench, saying she was unrelated to the bullying charges and that the case was under a separate police investigation
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The case was closed on Wednesday morning and will be sent to court later today
M Wrench previously claimed that Ms Burgess and M Hooke were acting out of « malice or retaliation » when they made allegations of domestic violence and drugs against Mr. Burgess
Allegations of drugs and domestic violence were included in a 50-page statement given to police by Ms Burgess and subsequently published in The Australian
It has been alleged that M Burgess had undergone a secret drug test in an underground Souths Juniors parking lot that was allegedly swept under the carpet by the Rabbitohs
Ms Burgess claimed in her statement to police that Mr Burgess had tested positive for MDMA and the test was submitted to a pathologist under a false name
M Wrench previously said the allegations were « orchestrated propaganda » and appeared to « spring from wickedness or retaliation »
He said that M Burgess filed a claim regarding unrelated issues in another court on September 24 and six days later Ms Burgess filed her affidavit with the police
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He also had an apprehended violence order against him after an alleged argument over Mr. Hooke in the Southern Highlands in October 2019
When he went to visit his children, Mr. Burgess was asked to leave after tensions escalated, prompting police to be called
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Sam Burgess, Phoebe Hooke
World News – UA – Sam Burgess calls for Phoebe’s wife to be found in contempt of court
SOURCE: https://www.w24news.com
