Former NRL star Sam Burgess has filed a court motion for his estranged wife, Phoebe Burgess and father-in-law, Mitchell Hooke, who are said to be despised in court.
Mr Burgess failed to appear in Moss Vale District Court on Monday when his attorney Bryan Wrench formally filed the petition amid a fierce battle between the former South Sydney skipper and Ms. Burgess.
Mr. Wrench is also officially guilty of not guilty of an indictment brought against Mr. Hooke by Mr. Burgess last year.
Mr Wrench filed a motion last week despising Mrs Burgess and Mr Hooke in court after Mrs Burgess made domestic violence and drug charges against the former England doubles international.
On Wednesday, Mr Wrench moved to Moss Vale District Court for the matter to be heard within 14 days.
However, he was quickly reprimanded by Magistrate Ian Cheetham, who stated that he had missed a seven-day deadline for filing the application and failed to provide an affidavit.
“There is no affidavit, there is any form of chronology, and no evidence to support the motion,” Cheetham said.
The intimidation and assault against Mr Burgess was due to be heard on November 16.
Mr Wrench hoped to hasten the scorn of the trial so that the allegations of intimidation could be resolved as soon as possible.
However, Mr Cheetham said that he would need permission to properly file a request and that doing so would most likely delay the hearing on the intimidation allegations against Mr Burgess.
Prosecutor Jamie Palmer also told the court that Ms. Burgess’s affidavit had nothing to do with the intimidation matter.
Mr Wrench previously told the court that the police failed to produce Ms. Burgess’ statement and he recently summoned the police for a copy.
Ms. Palmer declined Mr. Wrench’s subpoena, saying she had nothing to do with the intimidation allegations and that the matter was the subject of a separate police investigation.
The matter was set Wednesday morning and will return to court later that day.
Mr. Wrench has previously alleged that Ms. Burgess and Mr. Hooke were acting out of “malice or retaliation” when they made domestic violence and drug allegations against Mr. Burgess.
The drug and domestic violence allegations were contained in a 50-page statement Ms. Burgess presented to police and later published in The Australian.
It was alleged that Mr Burgess had undergone a secret drug test in an underground car park at Souths Juniors that was allegedly swept under the carpet by the Rabbitohs.
Ms. Burgess alleged in her statement to police that Mr. Burgess had tested positive for MDMA and that the test had been presented to a pathologist under an assumed name.
The former Prime Minister of South Sydney has denied the allegations and any wrongdoing.
Mr Wrench previously said the allegations were “orchestrated propaganda” and appeared to be “born of malice or retribution”.
He said Mr Burgess filed a motion with another court on Sept. 24 regarding unrelated matters, and six days later Ms. Burgess filed her affidavit to the police.
Burgess, 31, previously pleaded not guilty of any charges of intimidation against Mr. Hooke.
An arrest warrant was also issued against Mr. Hooke following an alleged dispute on Mr. Hooke’s Southern Highlands property in October 2019.
When Mr Burgess was visiting his children, he was asked to leave after tensions escalated which resulted in police being called.
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