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Is Rugby A 'Get Out Of Jail Free' Card in New Zealand?

After a provincial rugby player escapes punishment for a violent attack, NZ Rugby comes under more scrutiny
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A brutal group attack involving a provincial rugby player – and his consequential soft treatment in the courts – has thrust New Zealand Rugby (NZR) back into the harsh spotlight of an increasingly distrusting Kiwi public.

It has been revealed that, last month, Losi Filipo, a winger for the Wellington provincial rugby team, was discharged without conviction after a brutal group attack on four people – including two women – in the Wellington CBD. The attack took place last October.

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Judge Bruce Davidson dismissed Filipo's situation from court, saying a conviction for him "would be a significant barrier to a professional sporting career, either in New Zealand or overseas."

Stuff has reported that Filipo's brother - another of the attackers - was charged with four lesser chargers and was convicted, while the rugby player himself got off.

The entire situation – which saw Filipo cut from the Wellington team by mutual agreement late yesterday - has been a lightning rod of public opinion around New Zealand since the story broke on Monday.

The most serious question being posed out of it all: is a rugby jersey a Get Out of Jail Free Card in New Zealand?

A Newshub news report into the Filipo attack, and fall-out. Source: Youtube.

This incident comes less than two months after the Waikato Chiefs 'Mad Monday' stripper scandal which saw an in-house New Zealand Rugby investigation find the players not guilty of poor behavior.

That finding – which was broadly slammed in Kiwi media - came despite serious allegations of disturbing non-consensual sexual acts from players on the entertainer at the center of the controversy.

On the surface of the Filipo case, it seems incredible that he escaped conviction.

Wellington's Greg Morgan was the most seriously injured of Filipo's attack victims, having had his head stomped. He had to take eight months of work due to his injuries and still suffers from fatigue and headaches, today.

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Olivia Samuel was one of the two women attacked. She was punched in the throat by Filipo, and has since seen the rugby player in a local mall where she says he has starred her down.

"I want people to know what happened and that a person has almost got away with killing someone; it was such a horrific attack," she told Stuff.

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Yet Filipo – a former Under-16 New Zealand rep - isn't the first rugby player that Judge Davidson has let off lightly. Last December, Tyrel Lomax, 19, also faced an assault charge after a fight outside a Wellington bar.

Davidson discharged Lomax - a first-time offender - with the condition that he paid his victim a NZ$1000 reparation. Lomax now has a contract with Super Rugby side, the Melbourne Rebels.

Filipo's axing from his team yesterday only came after a public outcry and fan threats of boycotting Wellington games. The player also released a press statement, apologizing for his actions.

"I understand why the victims of the assault do not want to talk to me and have not taken up an offer of restorative justice, but I would like to publicly apologies for my actions and the damage they caused," he said.

"Though I cannot change what happened I recognise that I have been provided with a second chance and I want to continue use this opportunity to work hard."

I wrote more words about the Losi Filipo thing on Facebook… pic.twitter.com/7kZzdKWZ9U
— Dylan Reeve (@DylanReeve) September 26, 2016

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Morgan believes the winger's removal from the squad should only be the beginning of the punishment he receives.

"It's something, but it's not enough," Morgan also told Stuff.

"It should still go through the courts, and I think he should get a criminal history for what he did."

Today, the New Zealand Herald reported that the New Zealand Solictor-General is "looking into" the judge's decision, which was clearly influenced by the fact he was a rugby player.

Just as he did following the release of the in-house investigation into the Chiefs players, NZR chief executive Steve Tew has faced a grilling for the lack of accountability by rugby players in New Zealand.

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Breakfast television host Paul Henry took Tew to task on TV3 this morning, asking why NZR or Wellington Rugby never contacted Filipo's victims – before labeling the entire situation "appalling management."

"I would say that is gross, gross management," he said.

"If that's as quickly as you can deal with it, I mean you're the chief executive of a major organisition. Is this the quickest you can deal with it? Will you call the victims yourself, personally?"

Regardless of the public outrage this assault incident has created, Filipo may get another life on the rugby field.

Radio New Zealand coverage of Wellington Rugby's announcement that Filipo would be cut from the team. Source: Youtube.

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Players Association chief executive Rob Nichol told Radio Sport yesterday that the publicity this week had had a big effect on the player. Nichol said he was hopeful that Filipo would get a second chance.

"He had a pretty challenging upbringing," Nichol said.

"Rugby was his opportunity and hopefully maybe down the track if things work out, it may still be his opportunity."

Maybe Kim Morgan, mother of Filipo's victim Greg, summed up the last two months – including this incident and the Chiefs one – best, when she spoke to Stuff this week.

"What sort of country do we live in when the sporting career of one individual is put above the safety of other people?" she said.

"It's a rugby thing. If he played hockey, basketball or anything else, I don't think he would have got off."