Lawyers for Phoebe Burgess have described her ex-husband and ex-NRL star’s latest legal move as “predictable and improper.”
The bitter legal feud between Sam Burgess and his ex-wife escalated, with lawyers for Phoebe Burgess fighting back at the former NRL star.
Lawyers for Mr Burgess appeared in court on Wednesday to file a subpoena to find out how the drug and domestic violence allegations against the retired NRL premier came to the public.
Mr Burgess did not appear in the local court in Moss Vale as his lawyer Bryan Wrench fought back on several fronts against the damaging allegations against the former skipper of South Sydney.
He has pleaded not guilty to one count of intimidation in connection with an alleged argument over his stepfather Mitchell Hooke’s property in the Southern Highlands last October.
On Wednesday, Mr. Wrench also formally pleaded not guilty to an additional charge of common assault.
The court has previously heard that Mr Wrench intended to file a notice of motion for Ms Burgess and Mr Hooke to be found in contempt of court in relation to allegations contained in a 50-page statement by Ms Burgess handed over to police and published by The Australian.
But lawyers for Ms Burgess hit back Wednesday afternoon, describing Mr Wrench’s attempts to have her and Mr Hooke found in contempt as “foreseeable and improper”.
Lawyer Rebekah Giles, for Ms Burgess, said she had not received any documents regarding a contempt charge.
âPerhaps Mr. Wrench should focus on the serious criminal charges arising from his client’s own conduct,â Ms. Giles told NCA NewsWire outside of court.
In addition to making allegations of domestic violence, Ms Burgess alleged that South Sydney covered up a secret drug test taken by Mr Burgess and that he tested positive for MDMA.
Mr Burgess has denied the allegations and any wrongdoing, with Mr Wrench having previously called the allegations in court “orchestrated propaganda” and “born out of malice or retaliation”.
Mr Burgess filed a claim regarding unrelated matters in another court on September 24, and six days later Ms Burgess filed her affidavit with the police, Mr Wrench said in court.
Mr Wrench filed a subpoena on Wednesday to uncover the circumstances surrounding how Ms Burgess’ statement was drafted and then delivered to The Australian.
The case will now go to a hearing in November and Ms Burgess’ lawyers are expected to oppose the subpoena.
Lawyers for Mr. Burgess are seeking to subpoena the information in order to file a request that Ms. Burgess and Mr. Hooke be found in contempt of court.
The court heard on Wednesday that the police had not released the information to the media.
Mr Burgess was also the subject of an apprehended violence order against him after the alleged argument with Mr Hooke escalated and resulted in a police call.
Police attorney Jamie Palmer also told court on Wednesday that Ms Burgess’ affidavit had nothing to do with the bullying case and would not be used as evidence.
Rather, she said that Ms Burgess’ subpoena was the subject of a separate police investigation.
The intimidation charges against Mr Burgess are also scheduled to be heard on November 16.
Originally posted as Sam Burgess’ wife hits back at NRL star