A junior coach has told of the personal toll after defeating bans by basketball authorities from entering Dandenong basketball stadiums.
After a bitter legal stoush, Josh Henshaw, of Berwick, is free to resume coaching and to watch his children play basketball after a confidential settlement with Basketball Victoria and Dandenong Basketball Association.
The settlement was ratified at Ringwood Magistrates’ Court on 16 July.
“It’s been a stressful time for me and my family, and the teams I’ve coached and been involved with,” Mr Henshaw said.
“Now the ban is lifted it means I can return to the sport and the stadium which has been agreed by all parties is in the best interests of the sport and the community.”
During two earlier hearings, magistrate Mary-Anne MacCallum had been critical of the treatment of Mr Henshaw.
In December, she granted a final personal-safety intervention order against DBA referees adviser Allan Manhire.
She found Mr Manhire’s harrassment of Mr Henshaw to be “protracted, intrusive and unjustified”.
“It is destructive behaviour that has had the effect of seriously damaging the applicant’s participation in a sport in which he has had a lifetime commitment,” Ms MacCallum said.
She also handed down an injunction in February to put a stay on Mr Henshaw’s 18-month ban for alleged misconduct handed down by a Basketball Victoria tribunal in July 2017.
Mr Manhire had lodged the complaint that led to Mr Henshaw’s tribunal ban.
It rose from a verbal altercation with Mr Henshaw after a juniors game at Dandenong basketball stadium on 15 July.
Mr Henshaw stated he had taken issue with him being filmed by Mr Manhire during the game.
In Mr Henshaw’s absence, the tribunal found Mr Henshaw guilty of bringing basketball into disrepute, threatening Mr Manhire, a gross breach of code, and offensive language.
Ms MacCallum found it was reasonably arguable that the tribunal ban was “significantly disproportionate”
In April, the DBA board then banned Mr Henshaw from “premises under the care, control or management of the Dandenong Basketball Association effective immediately”.
The board stated the decision was in the best interests of Dandenong Basketball Association and its members”.
Mr Henshaw was subsequently banned by his team Outlander Outlaws.
DBA general manager Graeme Allan said he couldn’t comment on the confidential settlement between the parties.
He denied there was any lingering bad blood with Mr Henshaw.
“Certainly not from this end. We have to provide basketball facilities for 10,000 users a week and that is our focus.”
The intervention order against Mr Manhire sparked an internal review by the DBA into its policies, procedures and training of staff.
Mr Manhire remains employed by the DBA.
Mr Allan said it was up to Mr Manhire to comply with the intervention order when Mr Henshaw visited Dandenong Basketball Stadium.
“The intervention order has some requirements, and Allan Manhire has to adapt to those.”
Basketball Victoria stated that it “can confirm the matter has been resolved on confidential terms”.
