Israel Folau has shown no remorse for his part in the saga. Picture: 7NEWS
Israel Folau has shown no remorse for his part in the saga. Picture: 7NEWS

Stubborn decision that could curse Folau

ISRAEL Folau's stubborn refusal not to remove, or show any remorse for the controversial social media posts that have already landed him in hot water with Rugby Australia, could end up derailing his chances of saving his career and ever playing again.

If the high-powered committee hearing his Code of Conduct case ultimately finds him guilty, his punishment could be determined by a range of mitigating factors, including whether he accepted any culpability or showed any remorse or took "any steps taken to rectify any wrongdoing."

Given that an unwavering Folau is standing by his divisive comments, in which he proclaimed "drunks, homosexuals, adulterers, liars, fornicators, thieves, atheists and idolaters" would go to hell unless they repent, his decision to leave the offending posts on his Twitter and Instagram feeds is unlikely to carry any favour for the code-hopping superstar after he was already warned about his previous homophobic rants.

The three committee members, John West, Kate Eastman and John Boultbee, will conduct a telephone hook-up on Easter Monday to determine the dates of the hearing, but it will almost certainly start in the week commencing April 29, and last for two days.

RA's Integrity Unit has already recommended Folau's 4-year, $4 million contract be torn up, but he's denied any wrongdoing and challenged the notice.

Under the terms of the Code, the burden of proof rests with RA to prove Folau broke the rules.

If he is found guilty, it is then up to the tribunal to determine the penalty, which can range from as little as a caution or reprimand, to a fine, suspension or even termination.

RA maintains Folau breached several rules in the Code, which does include separate and specific clauses relating to discrimination and social media.

But for his contract to be torn up, RA must also convince the committee his actions constituted a high-level breach, which will take into consideration several factors that are listed in the Code, including the following which don't appear to bode well for Folau.

* the conduct was intentional

* the consequences of the conduct were reasonably foreseeable

* the conduct may have caused offence to the general public

* the conduct would cause reputational damage to the game