By Adam Pengilly and Adrian Proszenko
The wrestling session at the centre of Jackson Topine’s lawsuit against the Bulldogs lasted for a maximum of six minutes and was part of a “reasonable and common disciplinary response”, the club’s defence against the unprecedented case will claim.
Canterbury is finalising a response to the $4 million civil action – which could have widespread consequences for the NRL – after Topine launched proceedings against his former club over what he claims was a “deprivation of liberty” and “unlawful corporal punishment”.
The Bulldogs will vigorously defend the case and its head of strength and conditioning, Travis Touma, who oversaw an activity in which Topine was asked to individually wrestle teammates one after another.
Touma has also been named as a defendant in the case. Three-time premiership-winning coach Trent Robinson has been among the rugby league identities to lend their support to Touma.
The wrestling activity was instituted as a punishment for being late to training and involved Topine grappling with members of the Bulldogs squad at a wrestling gym in south-western Sydney.
The player has since stated he didn’t believe he was late to the session, arriving between 8.08 am and 8.10 am, with a training schedule saying players needed to be there at 8am for strapping. He said he didn’t need strapping and was ready for the 8.30am start.
Former Canterbury player Jackson Topine.Credit: NRL Photos
Canterbury’s defence has described Topine’s case as “misconceived and hopelessly embarrassing”, according to sources familiar with the matter, who said senior members of the Bulldogs squad have spoken to lawyers to confirm the duration of the wrestling activity and Topine’s physical and mental state in the days afterwards.
The Bulldogs’ defence has stated an intention to pursue Topine for legal costs if the case is unsuccessful.
The club will allege Topine consented to the wrestling activity, which lasted up to six minutes, and it’s used as a common disciplinary measure across NRL clubs.
Video evidence will also be tendered of the former Australian Schoolboys star training unimpeded and without incident for the next three days.
He hasn’t played for the club since walking out in July last year and in April launched the case against the Bulldogs, with his legal counsel arguing the 22-year-old has suffered lost earnings of $4 million given he had a 10-year playing career in front him.
Topine’s case states he is now incapable of returning to the sport due to a “psychiatric injury” from the training session.
This masthead revealed his manager, Tyran Smith, emailed NRL clubs a list of available players coming off contract from his stable. Topine’s name was on the list. It was sent only three weeks before the statement of claim was lodged with the Supreme Court in April. There’s no suggestion Topine or his legal team knew about the email from Smith, who said the list of available players was automatically generated by his agency’s computer.
The Bulldogs continued to pay Topine for three months after he failed to return to training and made multiple attempts to check on his welfare.
The Bulldogs have retained Arthur Moses SC and King & Wood Mallesons to lead their defence. The matter is due for a directions hearing in the NSW Supreme Court on Thursday.
Topine, a Maori All-Stars representative while he was still a teenager, played just 16 NRL games for the Bulldogs after debuting in 2021 and was limited to just five matches in the top grade last year.
Bulldogs general manager Phil Gould and coach Cameron Ciraldo have overseen a huge transition in the club’s roster, and they are on course to make the finals for the first time since 2016 after a second straight golden point win over the Warriors on Saturday.
NRL is Live and Free on Channel 9 & 9Now
Sports news, results and expert commentary. Sign up for our Sport newsletter.