NRL: Marshall's charges dismissed

Benji Marshall. Photo / Getty Images

Rugby league star Benji Marshall has had assault charges against him dismissed by a Sydney court.

The Wests Tigers star and New Zealand captain had pleaded not guilty to assaulting a man at a McDonald's restaurant in Sydney's CBD early on March 5.

The 26-year-old gave evidence saying he had pushed Soliman Naimey after he racially abused him, but Mr Naimey said he was punched after he told the footballer that Broncos player Darren Lockyer was better than him.

The magistrate noted a number of witnesses had referred to a second man having punched Mr Naimey, who ended up with a "fat lip''.

Even if the footballer had punched him, "I must have a reasonable doubt as to whether or not (the fat lip) was occasioned by Mr Marshall,'' the magistrate said.

Outside court, an elated Marshall said he was very pleased with the outcome.

"It gives me a good chance now to just concentrate on finishing the season,'' he said.

"I would like to thank my legal team, the West Tigers for their support, the NRL, my teammates that the coach would not let come sit in court, my friends and family.

"It's been a pretty tough time and I'm really looking forward to getting on with it.

"I'm very very pleased with the outcome and let's play rugby league.'

Mr Naimey earlier told the Downing Centre Local Court he had confronted Marshall at the McDonald's after he and his friends spent a night out drinking at the Tank nightclub.

He claimed he called out "Benji, Lockyer's better than you" before the footballer asked him what he had said.

Mr Naimey said he repeated his comment before Marshall "clenched his fist and took a jab, I felt it on my lower mouth".

He said he was shocked and stunned and felt blood on his face.

A police officer who was called to the scene told the court Mr Naimey was "moderately intoxicated" when he spoke to him.

He said Mr Naimey had told him that he had told Marshall the football player that "Lockyer sh**s on you" and that was when Marshall had come over and punched him.

Under cross-examination, Mr Naimey denied racially abusing the footballer.

Geoff Bellew SC, acting for Marshall, suggested Mr Naimey made the racist insult to the footballer, who replied: "What did you say? You can't say that.''

"No sir, that did not happen,'' Mr Naimey said.

He also denied repeating the insult.

"I take great offence to that,'' Mr Naimey said.

Mr Bellew asked him why he told Marshall that Lockyer was better than him.

"I just wanted to voice my opinion because I'm a big Broncos supporter and it was 3.30 in the morning,'' he replied. "I had a couple of drinks.''

- HERALD ONLINE, AAP