Source : ABC NEWS
The wife of Canberra Raiders star Josh Papalii has been convicted of assault and handed a good behaviour order in the ACT Magistrates Court.
Mesepa Selesa was charged with two counts of common assault after a rugby league match in Canberra last July.
In CCTV footage previously shown in court, Salesa can be seen taking to the field and becoming involved in an altercation with a 17-year-old player, who she pushed, punched and then dragged by the hair.
The pair were separated by other spectators before a different female lunged at Salesa, who responded by grabbing her, pulling her jersey over her head, striking her and pulling her towards the ground.
They were then separated by onlookers.
Salesa’s defence barrister Anthony Williamson asked the court last week to dismiss the charges on account of his client’s mental impairment at the time, which he said had been caused by the recent autism diagnosis of her son.
In court today, Magistrate Alexandra Burt said she accepted Salesa was suffering from some degree of mental impairment but did not believe dismissing the charges was appropriate given their seriousness.
“In my view, it is at about the mid-point,” Magistrate Burt said.
“It is made more serious by the fact it is a child victim and that it occurs in a public area.“
‘Trauma, humiliation’: victim
Josh Papalii was in court to support his wife as she was convicted for assault. (ABC News: Rosie King)
The court was read victim impact statements from the older victim as well as her mother.
The victim described the “serious and ongoing impact” of the incident, including an inability to carry out normal day-to-day activities for weeks afterwards.
She said she had been a passionate rugby league player but that changed following last year’s attack.
“Since then, I have felt I was unable to return to the sport … due to the trauma and humiliation,” the victim said in a statement.
The victim’s mother wrote about the after-effects for her grandson, who had witnessed the assault.
“My five-year-old grandson was … heartbroken,” the statement read.
“My grandson didn’t understand why his mum was beaten up.”
‘Deeply remorseful’
During sentencing Magistrate Burt acknowledged Salesa had entered early pleas of guilty, as well as her traumatic childhood, which involved being exposed to abuse and violence.
“I accept she has taken responsibility, and I should give her the benefit of an early plea,” she said.
“I accept she is genuinely and deeply remorseful.”
Magistrate Burt also made it clear to the court that she would not treat Salesa “any differently because of the apparent profile of her husband”.
Papalii supported his wife in court and, as they left in their vehicle, made a rude hand gesture at reporters.
Mesepa Salesa’s lawyer said his client was suffering from a major depressive disorder at the time of the alleged assault. (ABC News: Matt Roberts)
The court also heard that Canberra Raiders coach Ricky Stuart had written Salesa a character reference attesting to her “unwavering support” of her husband and children.
Mr Williamson had argued a severe sentence could mean Salesa was subjected to extra-curial punishment given the governing body for grassroots rugby league in Canberra had already banned her from attending matches for a decade.
The ban means she will not be able to watch her son, who is now 10, play the sport until he is 17 years old.
“I accept you feel the impact of that ban keenly and you worry about the future and your children feeling discouraged and disappointed,” Magistrate Burt said.
“I accept that this is a heavy burden to you.”
Magistrate Burt characterised the governing body’s ban as appropriate and “a natural consequence” of Salesa’s conduct but said she accepted some degree of extra-curial punishment.
She added that there remained a need to denounce Salesa’s actions.
“Violence from spectators to sports games must be deterred,”
Magistrate Burt said.
“Young people must be safe from violence at all times.”
After ruling a term of imprisonment was not warranted, Magistrate Burt imposed a good behaviour order of 15 months with six months of supervision by Corrective Services.
The term of supervision was deferred until November on account of Salesa being 38 weeks pregnant with her fourth child.
Magistrate Burt then spoke directly to Salesa.
“You need to focus on your family and your baby. Hopefully, you’ll be able to leave this behind you,”
she said.
