The NRL needs to be careful. Their demands to see the footage of Curtis Scott's arrest puts them at risk of being judge, jury and executioner.
Subscribe now for unlimited access.
$0/
(min cost $0)
or signup to continue reading
And if they do see it, their so-called "no-fault stand-down policy" could end up being the opposite and implying the Canberra Raider's guilt.
NRL chief executive Todd Greenberg will stand down Scott at the close of business Monday if the former Melbourne Storm centre hasn't handed over the police body-camera footage of his arrest after Australia Day celebrations in Sydney went wrong.
So far Scott's lawyer Danny Eid has refused those requests and said they don't have permission from the NSW police to do so even if they wanted to.
But what happens if Scott does hand it over? And then Greenberg decides to stand Scott down anyway? How are we meant to interpret that?
Isn't that implying Scott's guilt? Even though the Raiders recruit has pleaded not guilty to all six charges he's facing?
Those charges include two allegations of assaulting a police officer.
Greenberg has said they're serious charges. And yes they are.
But they're not serious enough to automatically enforce the NRL's stand-down policy - he would have to be facing at least 11 years in jail to do that.
That's what's happened to St George Illawarra's Jack de Belin and Manly's Manase Fainu.
The former is facing allegations of rape, while Fainu was charged with grievous bodily harm over an alleged stabbing.
They've both been stood down until the conclusion of their court cases because of those serious allegations.
Instead, Scott falls in the area of Greenberg's discretion. Where he makes the call on whether to stand players down or not.
MORE CANBERRA SPORT
But problems now arise if he does see the footage of the incident and decides to stand Scott down.
That means he's decided what he's seen is serious enough to warrant being banned. He's effectively assigning guilt to Scott - otherwise he wouldn't stand him down would he - well before he's had his day in court.
Greenberg's better off making the call using the seriousness of the charges and the police statement of facts. Without seeing the footage.
It keeps him at arms length from the judicial process and helps him avoid being accused of being a judge himself.
There's also genuine concerns about the NRL having access to the footage - whether Scott and his legal team want to hand it over or not.
Sure an argument can be made that if Scott is not guilty then it's in his best interests to do so.
Show Greenberg and the NRL that he doesn't have a case to answer and he'll be allowed to play while his court case continues.
Especially since Eid has been extremely bullish about how the footage will prove his client's innocence.
Given his next day in court is a week after the start of the season he risks missing at least the opening round against the Gold Coast if he doesn't.
But it has the feel of perverting the course of justice.
If I went to court, my employer doesn't have the right to demand I hand over evidence so they can decide whether to stand me down.
They're free to give me an extra holiday if they like, but nothing more.
The judicial process is independent for a reason. It's up to the police, the lawyers and the courts to decide whether someone's guilty or not. No one else.
If the NRL are allowed to become part of that then it opens the door for everyone else to put their hands up too.
I'd like to see the footage as well. It'd mean I'm better placed to write about what happened the night he was allegedly tasered in the parklands near the SCG.
We could put it on The Canberra Times website and all our readers could make their own verdict.
Huawei and the Raiders' other sponsors could also see the footage so they can decide whether they want to be associated with the club Scott plays for.
Raiders members should also be able to have a squiz so they can decide whether to microwave their membership cards or not.
But we don't - and shouldn't - have access to that footage for a reason. And neither should the NRL.
Of course, all of this could've been avoided if Scott wasn't asleep in those parklands. If he'd chosen to fall asleep in his bed instead.
But we all have to live with the consequences of our decisions, both good and bad. We all make decisions we regret.
We're also all entitled to due process. And that doesn't involve the NRL. Whether we work for them or not.