EXCLUSIVE
Australian basketball legend Shane Heal, who was suspended from coaching the WNBL Sydney Flames over bullying complaints, has launched a defamation bid over a “humiliating” media statement issued by the club after the allegations came to light.
Mr Heal was suspended from the club in January 2023 following bullying claims from multiple players.
The Flames issued a statement after his suspension, which stated “welfare and safety” of players were at the “heart” of the matter.
“That is our sole concern at this time, and we will always maintain focus on that,” the statement read.
Shortly after his suspension, Mr Heal took Flames to the Federal Court, seeking orders to prevent his termination as well as penalties including employee entitlements.
The case failed and was dismissed by the judge.
Now, Mr Heal has taken the Flames to the NSW Supreme Court over a media statement published by the club after the bullying allegations became public.
On Friday, the Flames’ lawyer Matthew Richardson SC told the court that Mr Heal’s fresh defamation bid was an “abuse of process” and “shouldn’t be allowed” after failing in the Federal Court.
However, Mr Heal’s lawyer Kieran Smark argued Mr Heal’s Federal Court case was based on “industrial issues” and would have blown out in regards to delay and expense if the defamation aspect was added at the time.
“It would have turned from a relatively small complaint … to something that would almost inevitably have substantially delayed the hearing,” Mr Smark said.
“When you put himself in Heal’s position in April 2023 … he would have had to change basically a Honda for a Bugatti. The whole complexion of the case would have changed.”
The court also heard how Mr Heal lost speaking engagements and was unable to support himself financially, with Mr Smark saying the media statement played a “major part” in him losing the deals.
During the Federal Court trial, the court was told Mr Heal was accused of asking a player “what the f**k” she was doing twice at training and once at a game.
Mr Heal denied any wrongdoing in a statement made last year. During the case Mr Heal claimed the bullying allegations were just a “smokescreen” for the club to get rid of him.
Supreme Court Justice Stephen Rothman has reserved his judgment on whether the defamation bid should go ahead.
He will hand down his decision in the coming months.
Mr Heal is the father of Aussie great Shyla Heal who was brutally cut from WNBA team the Chicago Sky just months after the club selected her with the eighth pick in the 2021 draft.
After the ruthless move, Mr Heal tweeted praised his daughter for her resilience.
“She will be OK. Lots of people going thru more difficult things in life,” he wrote.
“We appreciate the support.”
The Aussie guard for the women’s national side has been selected in the Opals extended squad ahead of the Paris Olympics in July.