Roosters forward Spencer Leniu has been hit with an eight-match suspension after facing the NRL judiciary on a contrary conduct charge on Monday night.
A unanimous decision made by panel members found that the premiership-winning forward referred to Broncos five-eighth Ezra Mam as a 'monkey' with racial intentions, in his side's win over the Broncos in Las Vegas.
Judiciary chair Geoffrey Bellew, SC, said in his summary of findings that the panel, comprising of Bob Lindner and Sean Hamsptead, had felt the offence was at the high end of the scale.
They also rejected comparisons with a homophobic slur made by Warriors winger Marcelo Montoya in 2022, which earned him a four-match ban.
Lindner and Hampstead believed Leniu's remorse was genuine, however, concluded that there was a fundamental need to send a strong message against racism in the game.
"The Panel were satisfied that the player did intend his use of the word “monkey” as a racist comment and did not accept the player’s denials to the contrary," Bellew wrote.
"On an assessment of the player’s evidence, the Panel were satisfied that he had become annoyed with a comment made by player Mam to the effect of “run it at Spencer”, that he took offence to it, and that he decided to make a racist comment in response.
"The Panel did not accept the player’s claimed ignorance that he was not aware that “monkey” was, when used towards the Indigenous community, a racist term. In light of that finding, the Panel was satisfied that the offending fell at a high degree of objective seriousness.
"The Panel took into account the various aspects of the player’s subjective case. The Panel obviously accepted that he had pleaded guilty, and were satisfied that he was genuinely remorseful.
"The Panel also took into account that such remorse was reflected, not only in what the player had said in his evidence, but in his attempts to contact player Mam following the match.
"The Panel also had regard to the player’s generally favourable history in the game. The Panel was prepared to accept that despite his intention to use a racist term, the player’s actions on this occasion were on the spur of the moment, and a deviation from his normal behaviour.
"However, the Panel considered that all of those circumstances, whilst obviously relevant, could not be permitted to result in a penalty which did not reflect what it considered to be the high degree of objective seriousness of the offending.
"The Panel did not accept the submission advanced on behalf of the player that there was any “cultural linguistic issue” to be taken into account by way of context.
"In the Panel’s view the fact – if it be the fact – that there is a degree of acceptance of terms such as “monkey” between certain cultures, is not to the point.
"The simple, and more important, fact, is that such a term was derogatory to player Mam.
"The fact that player Mam acted in the way in which he did clearly demonstrates, if any demonstration were needed, the unacceptability of the use of such a term towards members of the Indigenous community.
"The Panel also rejected the submission that the case of player Montoya provided a useful comparison for the purposes of assessing penalty. Quite apart from anything else, there was a complete absence in that case of any evidence of the effect of the comment on the player to whom it was made. That is far removed from the present case.
"The Panel had before it a lengthy statement from player Mam. Whilst the majority of the statement is to remain confidential, what can be said is that the incident has had a significant personal effect upon player Mam and the members of his family, and has raised deep seated cultural issues for all for them.
"That, without anything more, is an important factor which distinguishes the two cases. In any event, consistency is not reflected in the numerical equivalence of the penalty imposed. It is reflected by the proper and consistent application of principle.
"Whilst the Panel thought it unlikely that this player would offend in a similar way again, it saw a need to express, through the penalty imposed, its unequivocal view that there is simply no place in the game for racial vilification of any kind, particularly when the player charged is aware of the derogatory nature of the term which is used.
"For that reason, the Panel concluded that there was a fundamental need for any penalty imposed to act as a clear deterrent to any other player in the game who might be minded to act in that way, and to send a clear message that offending of this kind will meet with significant penalties.
"For all of those reasons, the Panel determined that a penalty of 8 matches was appropriate.
Leniu pleaded guilty to the charge and apologised to Mam when giving evidence earlier in the hearing.
"I really am sorry to Ezra and his people. I can't believe I used that word but I really didn't mean it," he said.
"This game happens so fast and in that split second I said a word I didn't know the meaning to.
“I didn’t know how much that word means to the Indigenous community, Ezra and his family."
Roosters CEO Joe Kelly also apologised to Mam in a statement following the hearing.
"On behalf of Spencer and the Sydney Roosters we apologise unreservedly to Ezra and his family for the hurt that has been caused and we extend this apology to the wider Aboriginal and Torres Strait Islander community," Kelly said.
“Inclusivity and diversity are key and fundamental values of the Sydney Roosters and we respect equally all backgrounds and cultures and will not tolerate any form of racism.
“We accept the suspension to Spencer of eight weeks and would like to thank our legal counsel James McLeod for representing the Club.
“I would also like to acknowledge Spencer for the character he has shown over the past week. He was totally honest from the outset and wanted to own this immediately. In no way did he mean to direct the term to Ezra in a racial way.
“Spencer has learnt a great deal from the past week and we will ensure that we continue to support him in any way we can and increase his education about the Aboriginal and Torres Strait Island Cultures.
"We will also be supporting all of our Indigenous players at the Club, and across the board, all staff and players will undergo further education of these cultures as well as the Pacifika culture."
Leniu will be sidelined until Round 10, when the Roosters face the Warriors on May 12.
Live blog - Judiciary recap
8.27pm: The panel has returned a decision of an eight-match suspension. Leniu will return for the Roosters Round 10 match against Warriors.
7.46pm: The hearing has adjourned while the panel deliberates to determine the length of Leniu's ban.
7.34pm: NRL judiciary chair Geoff Bellew told panel members they must determine if Leniu had said the words as a racial remark.
He told them to ignore any media reports since the game in Las Vegas on March 3.
7.33pm: Gyles countered: “The submission that a racial remark came from someone with dark skin makes it less significant, is wrong.
"In the Montoya case the player who the comment was made to, there was no suggestion that he was homosexual or was offended by the comment.”
7.23pm: McLeod said a four-game penalty would send a significant message while taking into account Leniu’s contrition and remorse, as well as a lack of understanding of the severity of the word.
He also argued that Warriors winger Marcelo Montoya received a four-week suspension for a homophobic slur in 2022 and it would be consistent for Leniu to receive the same penalty.
7.12pm: McLeod said Leniu had pleaded guilty to contrary conduct but did not use the term in a racist manner.
“There was no racial intent. That puts it in the medium category of contrary conduct," he said.
"He was genuine, he was honest in his very poor use of a word but not one that was made on racial intent.
"He made a really bad mistake, one that has caused pain and hurt, but it wasn’t motivated by race.”
7.06pm: Gyles called for a suspension of eight matches to send a strong message about racism.
"By finding he knew monkey was a racist term doesn’t mean he is a racist by nature," he said.
“But one of the things the tribunal has to do is make sure players are safe, so it is a pretty important matter.
“When rugby league broke away from rugby union in 1908 it was an egalitarian game and was open for all.
"The Roosters team of 1908 had an indigenous player, George Green, who was the game's first Indigenous player.
“This tribunal has a duty to send a strong message. It is an opportunity to draw a line in the sand.”
7.00pm: Gyles said Mam should be commended for his courage in standing up and he has been supported by other Indigenous players.
“Now it is possible that the player may not have appreciated the term 'monkey' is a racial term," he said.
“I would submit that most people and having been in Australia for 15 years would be aware that being called a 'monkey' is a racial term.”
6.56pm: Leniu said he regretted post-match comments said to the media about the incident being “banter” and “fun and games”, as well as a run in with Broncos forward Pat Carrigan at the Las Vegas hotel where the teams were staying.
However, he said he came to realise how offensive his words were the following day.
“I was copping a lot of backlash after the game. 6.30am the next morning an older Aboriginal women sent me the definition of what monkey means to their people.”
Under cross examination from Gyles, Leniu said he was unaware of incidents in other sports where players have been called an “ape” or a “monkey”, including Adam Goodes.
6.47pm: Leniu gives evidence under examination by McLeod.
“I was making a tackle on Payne Haas. Ezra Mam said something to me at the time and that’s when I said ‘f*** up monkey’.
“I am so sorry that I used that word I said that to Ezra and that I made him feel little. This game happens so fast and in that split second I said a word I didn't know the meaning to.
“I didn’t know how much that word means to the Indigenous community, Ezra and his family.
"When I had that interview post-match, honestly, in that time, I didn't think I did anything wrong and that's why I said 'it was all fun and games'.
“At that time, I just thought it was one brown man sledging another brown man. Just how we use that language towards one another, with all the people in my circle, all that stuff is so common.
"I didn’t know how much that word meant to Ezra and to all the Indigenous people in the game.
"I strongly believe there is no room for racism in this game and I'm happy he brought it up. I had no racial intent toward Ezra and especially toward the Indigenous community. I love his people and I love what they stand for.
“I don’t think we would have the game we do without Indigenous people.
"I really am sorry to Ezra and his people. I can't believe I used that word but I really didn't mean it."
6.35pm: Mam can be heard on the audio from referee Adam Gee’s microphone saying: He f****** called me a monkey”.
Haas yells: “He called him a monkey”.
Gee then asks Mam: “Do you want to make a formal complaint”.
Mam said: “Yes I do”.
Gee then calls over rival captains James Tedesco and Adam Reynolds.
“Ezra has made a formal complaint against Spencer that is racial in nature.
I haven’t heard it. It goes on report and will be dealt with after.”
6.33pm: Leniu has pleaded guilty but there is dispute between Gyles and Leniu’s counsel James McLeod about when the comments were made.
Gyles has shown vision from four camera angles of the incident, which followed a tackle by Leniu on Broncos prop Payne Haas.
He said the pair were about four metres apart at the time but McLeod insisted the incident occurred during the play the ball.
6.25pm: The hearing has opened in sensational fashion with NRL legal counsel Lachlan Gyles reading an exert of a 12-paragraph statement from Broncos five-eighth Mam about the incident.
Gyles said that Mam has asked that eight paragraphs of the statement remain confidential due to the sensitive nature of their contents.
However, he read the rest of the statement in which Mam accused Leniu of saying to him, “f*** up, you monkey.”
"On the 3rd March 2024, I was a player for the Brisbane Broncos at Las vegas against the Sydney Roosters," Gyles read of Mam's statement.
"Of about the 68th minute of the game Spencer Leniu tackled Payne Haas.
"I saw Spencer Leniu at marker and I recall saying the words to the effect of 'run it back at Spencer' as Payne was playing the ball.
"I then recall Spencer Leniu saying the words 'f*** up, you monkey.
"At this point I was so angry and saw red after that... my mind was no longer focused on the game."
6.18pm: The Spencer Leniu judiciary hearing is underway before a packed media gallery.
6.10pm: Roosters forward Spencer Leniu has arrived at Rugby League Central for one of the most anticipated judiciary hearings in recent years.
Leniu, who joined the Roosters this season from Penrith, was accompanied by coach Trent Robinson, CEO Joe Kelly, football manager Chris James and media manager Alex Phillips as he made the short walk from the club's offices at the adjoining Allianz Stadium.
A huge media contingent is in attendance at NRL HQ for the hearing.
Leniu is facing the NRL Judiciary on Monday night to learn his fate after being charged with contrary conduct charge in his side's win over the Broncos in Las Vegas.
Accused of a racial slur against Broncos five-eighth Ezra Mam, Leniu was referred straight to the NRL Judiciary over the incident at Allegiant Stadium.
Former international Bob Lindner and ex-referee Sean Hampstead are the judiciary panel members. The hearing will be chaired by NRL judiciary chair, Geoffrey Bellew, SC.
Lachlan Gyles is the NRL legal counsel. James McLeod is representing Leniu.
Leniu has pleaded guilty to the charge, and apologised to Mam in a statement released by the Roosters on Thursday
“I want to apologise to Ezra and his family for using the word I did and I am sincerely sorry to cause him such distress,” Leniu said.
“I’ve put my hand up and want to take ownership of this. I said the word but I didn’t mean it in a racist way. Anyone who knows me knows that’s not who I am."
The incident occurred in the 69th minute of the clash at Allegiant Stadium, with referee Adam Gee placing Leniu on report after Mam made the allegation against the Roosters prop.
Leniu was subsequently charged with Contrary Conduct.
