5-minute read
Dermot Feenan
LLB MA LLM Barrister-at-Law FRSA
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The following letter was sent on 12 June 2019 to Mick Crossan, Owner, President and Director of London Irish rugby club, raising concerns and queries about the signing of Paddy Jackson to the club.
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By email and first class post
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Mick Crossan
Owner, President and Director
London Irish Rugby Football Club
Hazelwood
Hazelwood Drive
Sunbury-on-Thames
Middlesex
TW16 6QU
12 June 2019
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Dear Mr Crossan,
Concerns and queries: Signing of Mr Paddy Jackson to London Irish
I am writing to convey my serious concern at the announcement on 7 May 2019 that Mr Paddy Jackson had been signed to the club, and to advise that I will not wish to attend any London Irish games or otherwise support the club while Mr Jackson remains on this current signing. I set out in this letter the reasons for my concern and decision. I also set out at the end of the letter a series of queries, for which I should appreciate a response. This letter is copied to Mr Brian Facer, CEO, and Mr Allan Robson, Chair of the Board, London Irish.
As you will no doubt know, Mr Jackson played rugby for Ulster and Ireland. In 2018, he was a defendant in a criminal trial for rape and sexual assault. Although he was acquitted, denying both offences, he was a party to communications about the female complainant in that trial and women generally which gave rise to widespread concerns, leading ultimately to his loss of employment with Ulster Rugby and the Irish Rugby Football Union (IRFU). These communications were admitted in evidence at the trial.
The evidence showed that Mr Jackson was a member of the WhatsApp group called ‘JACOME’, which included, but was not limited to, Mr Stuart Olding and Mr Blain McIlroy – also defendants in the trial.
Mr Olding, one of Mr Jackson’s teammates, was charged and acquitted in the same trial of rape. Mr McIlroy was charged and acquitted in that trial of exposing himself. Mr Olding messaged in the JACOME WhatsApp group the morning after the party at which the rape and other offences were alleged to have occurred: “We are all top shaggers” and “There was a bit of spit roasting going on last night fellas”. Mr Jackson replied: “There was a lot of spit roast last night”.
Mr Jackson posted photos to the group which had been taken at the party. One image showed Mr McIlroy on a sofa with three young women. A friend asked: “Who are they, brassers?”
‘Brassers’ is slang for loose women or prostitutes.
Mr McIlroy responded: “Aye”. Another member of the group replied: “Fucking Fantastic”. Mr McIlroy replied: “Just a sample of how loose JACOME will be”.
A member of the WhatsApp group, referred to as AA, messaged at 1.45pm: “Boys, did you pass spit roast brasses [sic]?”
At no point did Mr Jackson intervene to challenge other members of the group on the use of the word “brassers” or otherwise.
Mr Jackson reportedly stated in court in response to questioning about the complainant’s evidence that she had been distressed when she left his house on the night of the alleged offences: “The last thing I would want is a girl crying and leaving my house […] I would have gone to help her. If I had known she was upset, I would have tried to contact her.”
Immediately after his acquittal, Mr Jackson did not respond to the evidence of the complainant’s distress.
Mr Olding did, however, apologise for the hurt caused to the woman in a statement read outside the court after his acquittal. He said: “I want to acknowledge that the complainant came to court and gave evidence about her perception of those events. I am sorry for the hurt that was caused to the complainant. It was never my intention to cause any upset to anyone on that night. I don’t agree with her perception of events and I maintain that everything that happened that evening was consensual.”
Early in the morning of 6 April 2018 the Belfast Telegraph newspaper published an ad paid for by 139 “concerned fans” of the IRFU and Ulster rugby. It included the statement: “The content of the social media exchanges involving Paddy Jackson and Stuart Olding was reprehensible. Such behaviour falls far beneath the standards that your organisations represent and as such we demand that neither of these men represents Ulster or Ireland now or at any point in the future.”
Mr Jackson issued a statement on 6 April 2018, first reported at 1.41pm on BBC News NI, in which he apologised ‘unreservedly’ for “degrading and offensive” WhatsApp conversations about the incident. He stated that public criticism of his behaviour was “fully justified” and he had “betrayed the values of my family and those of the wider public”.
Mr Jackson’s apology was not issued until nine days after the trial ended.
On 14 April 2018, the IRFU and Ulster Rugby stated that “following a review” they “have revoked the contracts” of Mr Jackson and Mr Olding “with immediate effect”. It added: “In arriving at this decision, [we] acknowledge our responsibility and commitment to the core values of the game: Respect, Inclusivity and Integrity.”
It is troubling that in the wake of the acquittals of Mr Jackson and Mr Olding, a photograph appeared of two players from Malone Rugby Football Club wearing names ‘Stuart Olding’ and ‘Paddy Jackson’ respectively with a trophy between their groins. The photograph was taken in the changing rooms of Kingspan Stadium, the home of Ulster Rugby, after Malone won the McCrea Cup.
The trophy is held horizontally, its neck and base opening directly in front of the groin of each man respectively. In view of the widely-reported messages at trial regarding ‘spit-roasting’, the image mimics and valorises Mr Olding and Mr Jackson. It suggests that Mr Olding and Mr Jackson got their ‘trophy’ that night – with all its equally problematic connotations.
Mr Jackson has previously engaged in other problematic behaviour. In 2012, at a time when he was playing for Ireland and Ulster, he was caught on camera with other Ulster Rugby players posing ‘blacked up’, apparently as a slave as part of an “Olympic-themed fancy dress party”. Then, Ulster Rugby apologised “unreservedly for any offense”. It added: “it was not the intention of the players to cause upset”. I have found no report of Ulster Rugby taking any disciplinary action against Mr Jackson or other players. I have found no evidence that Mr Jackson apologised for this conduct.
A survey in Ireland by Amarach Research reported on 9 April 2018 that 55% of people would not like to see Mr Jackson and Mr Olding play for Ireland again. Only 26% said they would like to see them do so.
Following rumours that month that English rugby club Sales Sharks were ready to sign Mr Jackson and Mr Olding, local MP Barbara Keeley stated that it would send “entirely the wrong signal to fans and to the local community.”
After the trial at Belfast Crown Court of Mr Jackson and others, the IRFU stated:
“following the trial the IRFU gave a commitment to conduct an in-depth review of existing structures and educational programmes.
We identified additional programmes that could be added to the education curriculum, particularly in the areas of healthy behaviours and relationships and the decision-making awareness relating to these.
We did recognise it was incumbent upon us to ensure our programmes matched the ever-changing social environment.”
The IRFU, along with Rugby Players Ireland, engaged the services of an external consultancy, Gleeson Mills, which specialise in the prevention of harmful sexual behaviour, to contribute to player education. This involved an “interactive two-session workshop developed specifically for elite sporting professionals to discuss and promote healthy intimate relationships while looking at risks associated with situations they might find themselves in.”
I have concerns that the above-referenced conduct by Mr Jackson is inconsistent with professional standards generally and undermines the values and reputation of professional rugby generally.
The IRFU rightly recognised that rugby must keep up with the ever-changing social environment. The IRFU, like many other organisations, rightly recognise that professionals must be held to certain standards and that organisations should have appropriate arrangements in place to address player conduct on and off the field.
London Irish has a creditable engagement with the community, including through its Rugby Camps and the London Irish Community Choir. The signing of Mr Jackson at this time sends out the wrong message, not simply to Mr Jackson’s peers, but also aspiring players, their families, supporters, and the broader community.
London Irish will launch the London Irish Girl’s Development Centre this month. The Centre is aimed at U13 to U15 players. I am concerned that the signing of Mr Jackson, in view of his aforementioned conduct, will adversely impact on these girls at a crucial point in their development.
Mr Jackson was a party to group communication which objectified and degraded women, which, absent satisfactory apology and a clear indication that he has properly addressed his conduct, is inconsistent with conduct acceptable in a professional sports club. Mr Jackson’s ‘blackface’ conduct and absence of a public apology for same is also inconsistent with conduct acceptable in a professional sports club.
I very much regret needing to reach the decision not to attend London Irish matches this year. As a northern Irish person who currently lives in England and loves rugby, I would otherwise have considered attending matches at the club.
Widespread and legitimate concerns have been raised elsewhere about the signing of Mr Jackson to London Irish.
In view of my concerns and in light of the wider concerns, I have also written to the Chief Executive of Diageo, a sponsor of London Irish, to raise similar concerns and to inform him that until such time as I am assured that Guinness will no longer be associated with London Irish while Mr Jackson remains on this current signing, I am boycotting all Diageo products and advising others to do so. I enclose a copy of that letter.
I do hope the matter is addressed satisfactorily for the benefit of the club, its supporters, rugby generally, broader society, and, of course, for Mr Jackson.
I strongly recommend that London Irish conduct due diligence in researching Mr Jackson and consider the relevance of findings to the club’s decision as to whether to continue with employment of Mr Jackson.
I also have a series of questions, as follows, for which I should appreciate a response:
- Did London Irish conduct an assessment, led by an appropriately qualified and experienced professional, on the effect on girls at the club in its decision-making process about signing Mr Jackson, and if so (a) what were those qualifications and that experience, and (b) what form did that assessment take?
- Does London Irish have a policy addressing how the club and players address dignity at work, including towards other people? If so, when was that policy produced? Please provide me with or direct me to any policy.
- Does London Irish have a training or educational programme for players on equality and diversity? If so, when was that policy produced? Please provide me with or direct me to any policy.
- Does London Irish have a policy on the standards expected of its professional players? If so, when was that policy produced? Please provide me with or direct me to any policy.
I look forward to hearing from you.
Sincerely,
Dermot Feenan
Enc.
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Brian Facer, CEO, London Irish
Allan Robson, Chair, Board, London Irish
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© Dermot Feenan 2019