Phoebe Burgess called Triple Zero after an alleged altercation between husband Sam and her father Mitchell, telling police: ‘It’s Sam Burgess but it can’t be made public’.
A recording of the phone call made by the glamorous ex-journalist on the afternoon of the October 2019 incident was played in full in Moss Vale Local Court on Monday.
Burgess, 31, is facing a hearing on two charges of intimidation and assault.
The English-born rugby league legend is being supported in court by his mum Julie and a team of top legal representatives, while his ex-wife and her parents are also in court.
In the Triple Zero call, Phoebe said she wanted to ‘report’ the incident but admitted they ‘did not need’ immediate police assistance.
But before making the call, the court heard Phoebe tried to ring Brisbane QC Sydney Williams, a family friend, and spoke to her solicitor Carly Middleton.
‘Hi there,’ she says. ‘I’m just reporting something that’s just happened at my home.
‘I don’t need to have anyone here, I just need to report something.
‘My husband and I are going through a bit of a separation at the moment.’
Phoebe then goes on to explain certain arrangements she had with Burgess in relation to their children.
‘He has threatened and abused my father, who’s the children’s grandfather,’ she says.
Sam Burgess arrives at Moss Vale Local Court on Monday ahead of a much-anticipated hearing on charges of intimidation and common assault
Phoebe Burgess (right) arrives at Moss Vale Local Court alongside her mother Sarah (left)
While his wife and daughter entered through the front doors of the court, Mitchell Hooke went into court alone
‘It’s Sam Burgess but it can’t be made public. He’s done this to me too.’
Phoebe assures police no one is physically injured and says there is no AVO in place against Burgess.
‘We’re all fine,’ she says.
Burgess’s father-in-law Mitchell Hooke was shaking and looked like he was having a panic attack after a confrontation with the NRL star, the court heard.
Phoebe said she spoke to her father on the phone shortly after Burgess had left the family’s home after visiting their children.
Phoebe had not been at the house because she did not want to see Burgess.
‘It wasn’t the call I was expecting to be honest,’ Phoebe told Moss Vale Local Court on Monday.
‘He was emotional and shakey. He wasn’t making a lot of sense.’
Phoebe said when she returned to the family home her father told her Burgess had stood over him in a threatening manner.
‘I asked Dad what happened,’ she said. ‘His mouth was dry. He was visibly shakey.
‘I’d actually never seen my father quite like that before.
‘He just kept saying, “It’s OK. He just went at me, he just went at me”.
‘He looked at me like he was having a bit of an anxiety attack.’
The retired NRL star was supported by his fiercely protective mother Julie (left) and armed with top Sydney silk Phillip Boulten SC as well as leading young solicitor Bryan Wrench (right)
Dressed in a navy blue suit and carrying a black folder, a staunch looking Burgess walks into court alongside his mother Julie (left)
A recording of a phone call made by Phoebe to Triple Zero on the afternoon of the October 2019 incident was played in full in Moss Vale Local Court on Monday
The level of animosity between Burgess, 31, and the Phoebe Hooke’s family is finally set to be laid bare in one of the most anticipated Australian celebrity court battles in years
Top Sydney silk Phillip Boulten SC (right) and an assisting solicitor walk into court on Monday
‘Dad said that Sam went off, that he started storming around the house.
‘He then said Sam stood over him and he told him that he was going to get him.’
Phoebe said her father told her that when Burgess got into his car to leave he yelled through the window, ‘Oh, you’re so successful’.
‘Everyone who knows you hates you,’ Burgess allegedly said to Mr Hooke. ‘Everyone who’s met you hates you.’
Phoebe told the court: ‘At that point I decided I was going to call the police.’
Burgess’s off-field reputation has taken a battering in the media since his retirement with allegations of excessive partying and domestic violence during his marriage.
This is his first opportunity to publicly defend himself after his image has been repeatedly hammered outside the legal system.
Burgess has been waiting more than 12 months for this case to go to hearing, having insisted through his lawyers from the start he was not guilty of committing any offence.
He has never been required to attend court until today but has been legally represented at repeated mentions of the matter at Moss Vale and Picton courts.
Mr Hooke and his daughter have also not needed to attend court until today and in recent weeks have been pummeled by Burgess’s lawyers in their absence.
Burgess is accused of assaulting Mr Hooke at the sprawling Hooke family home, although no actual physical violence has been alleged against him.
In happier times: Burgess’s lawyers have accused either his estranged wife Phoebe, his father-in-law Mitchell Hooke or both of leaking damaging claims about Burgess to the media. The three are pictured together
Sam Burgess married Phoebe Hooke at her family home just outside Bowral in the NSW Southern Highlands in December 2015. The couple had two children and split late last year
Burgess has pleaded not guilty to charges of intimidation and common assault after an alleged confrontation with his father-in-law Mitchell Hooke at the Hooke family home (pictured)
Police have also taken out an interim apprehended violence order to protect Mr Hooke from Burgess, who has had no contact with his father-in-law for more than a year.
The charges and the AVO stem from an incident at the multi million-dollar Hooke estate outside Bowral, where Burgess and Phoebe were married in December 2015.
Police were called to the Glenquarry property, known as Daffodil Downs, on October 19 last year.
Burgess was at the house for an arranged visit with his two young children who had been staying there with their mother since their parents split.
Mr Hooke reportedly asked the English-born dual code international to leave the property, which Burgess did, but police were called about 5pm.
‘Police from The Hume Police District attended and an apprehended domestic violence order was applied for on behalf of a 63-year-old man,’ a police statement said at the time.
‘Following further inquiries, on Wednesday 30 October 2019, a 30-year-old man was charged with the offence of Intimidation (DV related). It’s alleged the man intimidated the older man during the incident.’
Mitchell Hooke ran the Minerals Council of Australia where he led the charge against prime minister Kevin Rudd’s failed mining tax. He is pictured with daughters Phoebe (centre) and Harriet. Mr Hooke was made a member of the Order of Australia in 2016 (pictured)
Sam and Phoebe Burgess separated in late 2018 before rekindling their relationship. They split again in October last year. Sam is pictured arriving at the marital home at Maroubra in Sydney’s south-east in January 2019 and leaving half an hour later with three packed bags
Burgess’s solicitor Bryan Wrench told the court last year his client strenuously denied any wrongdoing at the Hooke property and said there had been ‘no violence, no intimidation, no threats’.
‘He does not wish to make contact with the complainant, especially when he’s made false allegations about what has occurred on this day,’ Mr Wrench said.
Burgess has remained publicly silent about what happened at the property but his lawyers have accused Phoebe and Mr Hooke of involvement in making even more damaging accusations against him.
On October 2 a report in The Australian newspaper made untested allegations of domestic violence by Burgess towards his wife, as well as claims of wild partying including drug use.
That report drew on a 50-page police statement Phoebe had made to police in late September and included quotes from Mr Hooke.
On October 2 a report in The Australian newspaper made untested allegations of domestic violence by Burgess towards his wife, as well as claims of wild partying including drug use. Burgess and Phoebe are pictured
Magistrate Ian Cheetham ruled Burgess’s lawyers could have access to any communications between Phoebe, Mr Hooke and The Australian before the publication of an article accusing Burgess of domestic violence. Phoebe and Mr Hooke are pictured
Mr Wrench told Moss Vale Local Court last month the release of Phoebe’s statement – which police have confirmed was not done by them – was an attempt to ‘ambush’ his client.
He has suggested in court the statement was made and released as part of a campaign of ‘orchestrated propaganda’ to discredit Burgess.
‘To be quite blunt, it appears that this is born out of either malice or retaliation,’ Mr Wrench told the court.
He said his client ‘categorically denied’ the allegations of domestic violence made in the statement Phoebe gave to police.
Last Friday magistrate Ian Cheetham ruled Burgess’s lawyers could have access to any communications between Phoebe, Mr Hooke and The Australian.
The pair may now be grilled by Mr Boulten about the timing, making and distribution of Phoebe’s police statement.
Mr Wrench has even suggested Phoebe or her father might have committed contempt of court by co-operating with the media.
Burgess’s solicitor Bryan Wrench has suggested Phoebe or her father might have committed contempt of court by co-operating with the media in the preparation of a damaging story
Mitchell Harry Hooke had a distinguished career in public policy advocacy, notably as the chief executive officer of the Minerals Council of Australia, from which he retired in 2013. He is pictured at the family farm in October on a day Burgess’s charges were mentioned in court
‘The circumstances of the release of that statement confirm the animosity towards my client,’ Mr Wrench has said. ‘They’ve tried to ambush us.’
Burgess’s legal team indicated last week they would attack Mr Hooke’s credibility when he got into the witness box.
‘It will be suggested fair and square to Mr Hooke that he is a biased witness or that he has a bias against the accused,’ Philip Strickland SC said.
Mr Strickland said Mr Hooke had spoken to The Australian about allegations against his son-in-law knowing that would result in damage to Burgess’s reputation.
The Burgesses married at Phoebes parents home in December 2015 and have two children, Poppy, who turns four in January, and Billy, who turns two in December.
The couple separated in late 2018 before rekindling their relationship by April 2019. They split again in October last year.
Englishman Burgess was lured to the Rabbitohs by club part-owner and Hollywood star Russell Crowe and helped guide them to the 2014 premiership. Burgess is pictured with estranged wife Phoebe
Burgess, one of four footballing brothers, was lured to the Rabbitohs by club part-owner and Hollywood star Russell Crowe, and helped guide them to the 2014 premiership.
He quit rugby league on October 30 last year due to a chronic left shoulder injury.
Phoebe Burgess is a French-speaking brand ambassador and keen tennis player who makes occasional appearances on morning television.
She grew up in Bowral and went to the all-girls Frensham School before spending a couple of years writing for Cleo and Dolly magazines and working as a producer at Channel 7’s Sunrise program.
Mitchell Hooke had a distinguished career in public policy advocacy, notably as the chief executive officer of the Minerals Council of Australia, from which he retired in 2013.