Collingwood successful in Nick Maxwell Appeal
The Magpies and Nick Maxwell have had there Appeal upheld meaning they are the first to successfully argue in the Appeals board there case. We are still waiting for the full findings but the early feel is that the tribunal chairman may have stuffed up in not giving the jury all the options under the rough conduct rule.
It is further believe that the AFL council in the appeal stuffed up in saying that there were some situations that you are better not to bump in. I personally agree with this, but don’t think he should have said it and especially if it wasn’t said in a way that said if the player couldn’t bump safely, they shouldn’t bump. A better way of saying it would have been to say if you bump, you have to wear the consequences of that action.
UPDATE
Here is the Appeal boards finding:
Please find detailed below the summary of the findings of the AFL Appeals Board in the case involving Nick Maxwell, that was heard in Melbourne on Friday, February 20.
1. The contact made by Maxwell was reasonable and permitted under the laws of the game and the guidelines, and was therefore not negligent contact.
2. The head contact was accidentally caused by reason of that contact. The tribunal jury were not required to answer all of the questions that they ought to have in arriving at their decision and, in particular, whether Maxwell’s shepherd was reasonable in the circumstances.
The Appeals Board was then called upon to make the factual findings that were referred to in points one and two.
Peter O’Callaghan, AFL Appeals Board chairman
I am a little surprised. I thought this would clear things up but it is more mystifying to me. Is the points made in point 2 saying that because the tribunal weren’t required to rule on all the questions that they ought to, the appeals panel had to rule on it and in there opinion, the contact was reasonable under the law (point 1)? I think this will open up to more dangerous hits and more appeal hearings as teams will have players reported, suspended and think that they are like the Maxwell case. If I am right about the Appeals board thinking that they needed to decide because of the error at the tribunal, if the tribunal fixes that and they come to the same conclusion they did this time, the appeals board won’t have the right to over turn it as they did this one.
I guess next interesting thing will be what the AFL says and then, how the players handle this and what happens for the next incident.
What do you think? Was justice done? Is the bump now okay?
Related Posts
Loading ...
