Brandon Smith, the South Sydney Rabbitohs hooker, had a charge of using or disclosing inside information for betting withdrawn at Southport Magistrates Court on the Gold Coast on Tuesday. The prosecution cited jurisdictional uncertainties that arose from phone records indicating the alleged offenses may have occurred outside Queensland, potentially crossing into New South Wales.
Smith, 30, was facing allegations related to a text message exchange with an associate last year concerning a bet that could have yielded the associate $18,000 if Smith scored the first try in a game against Manly. The prosecution asserted that Smith had provided insider information about his starting position in the match, which was not publicly known. However, during the hearing, police prosecutor Sergeant Blair Casey noted that while some text messages were sent while the associate was within range of a Surfers Paradise mobile tower in Queensland, others were transmitted near Tweed Heads, which is in New South Wales. This raised questions about the appropriate jurisdiction for the case.
Sgt Casey indicated that aside from this jurisdictional issue, the case was strong, noting that Smith had made admissions during a recorded police interview. Nonetheless, the charge was withdrawn due to these "grey areas" and "nuances of fact."
Smith's lawyer, Paul McGirr, criticized the prosecution for delays and procedural shortcomings, saying the case had taken over 12 months to progress. McGirr also raised concerns about the reputational damage to Smith and the potential impact on his career, emphasizing that the charges had attracted significant media and National Rugby League (NRL) scrutiny.
The magistrate, Louisa Pink, awarded Smith $3,500 in costs, acknowledging a failure by the prosecution to adequately investigate the matter in a timely manner. She clarified that her ruling did not make any findings on the substantive facts of the case.
Smith remains involved in ongoing legal proceedings in Queensland on separate charges of cocaine supply, which he denies. Meanwhile, New South Wales police are reportedly aware of the withdrawal of the betting charge but have yet to decide whether to pursue an investigation within their jurisdiction.
The South Sydney Rabbitohs released a statement noting the withdrawal of the charge but did not provide further comment.
