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Posted: 2020-11-16 01:56:42

The father-in-law of Sam Burgess has denied threatening to "destroy" the former NRL star during a heated argument, a court has heard.

Mitchell Hooke gave evidence at Moss Vale Local Court on Monday about the incident at his NSW Southern Highlands home in October 2019.

Mr Hooke recalled in court telling Burgess his agreed visitation time with the children had expired, which he claimed provoked an aggressive reaction.

"He said, 'This is f***ing inhumane and you know it,'" Mr Hooke said.

Mr Hooke denied suggestions he was the aggressor in the argument by raising infidelity in the marriage and threatening to "destroy" Burgess.

"I recall him saying, 'You're a f***ing piece of shit, everyone who knows you knows you're a f***ing piece of shit.'"

Former South Sydney captain Burgess, 31, has pleaded not guilty to stalking or intimidating with the intention to cause fear or physical harm, while an apprehended violence order has been taken out on behalf of Mr Hooke by the police.

Under cross-examination, Mr Hooke agreed he made several phone calls before going to police, including to a lawyer and a PR expert.

"I was trying to get a handle on what was likely to be the consequences of this story breaking," Mr Hooke said.

Three people wearing sunglasses
Mitchell Hooke leaves court with his wife Sarah and daughter Harriet.(AAP Image: Dean Lewins)

Burgess's former sister-in-law, Harriet Hooke, recalled seeing Burgess abuse her father at the front of the property before he left.

"He was shouting over the top of him with a menacing stance, he had his right hand up and he was pointing down at my dad," she recalled.

"He was aggressive, angry, his face was red. His pupils were large. He was just so aggressive."

Ms Hooke said she was fearful because Burgess's behaviour was "erratic" and she didn't know what he would do.

She took her father inside and said he was shocked.

"Dad was just white, pale, terrified," Ms Hooke said.

"I don't think he knew what had just gone on. He was shocked, he was shaky, he couldn't put a sentence together."

Earlier, the court heard Burgess had "wild eyes" when he "went off" during the argument with Mr Hooke.

Burgess's former wife Phoebe Burgess told the court the argument left her father "emotional and shaky".

Phoebe Burgess in a brown jacket outside Moss Vale Local Court.
Phoebe Burgess said her father was left "emotional and shaky".(AAP: Dean Lewins)

"My father called me to let me know Sam had finally left … it wasn't the call I was expecting," she said.

"He was emotional and shaky, he wasn't making a lot of sense, saying he's OK, 'He's gone, he had wild eyes ... he just came at me'."

Shortly after returning to the Glenquarry home, Ms Burgess was told by another family member: "Pheeb he just went off."

Ms Burgess said her father's mouth was dry and he was visibly shaken.

"Never seen my father quite like that before … he was wobbly on his feet … kept saying, 'It's OK, it's OK … he just went at me'."

CCTV footage was played before the court showing Sam Burgess interacting and taking pictures with fans while drinking four beers before he was due to visit the Southern Highlands home.

Burgess's lawyer Phillip Boulten SC accused Ms Burgess of seeking legal advice before calling the police.

Burgess retired in 2019 after a 270-game NRL and English Super League career.

He stood down from roles as a commentator and South Sydney assistant coach in October.

The hearing continues before magistrate Robert Rabbidge.

With AAP

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