‘Hopefully the attention is now off me’: Neale speaks after stunning decision
Lachie Neale is free to play in the grand final after the AFL appeals board sensationally handed him a fine, overturning a one-match suspension on Thursday night.
The board of chairman Richard Loveridge and members Wayne Henwood and Stephen Jurica found that the AFL tribunal should have used the exemplary and compelling circumstances exception to reduce Neale’s one-game ban for gut-punching Jack Ginnivan.
They instead gave him a $10,000 fine after the AFL was denied the opportunity to introduce new evidence in the hearing – vision taken during a trial of an optical data tracking trial by Champion Data.
Loveridge said the board only wanted to consider the evidence that the tribunal originally considered.
Speaking straight after the hearing, Neale said he was thrilled with the appeals board’s decision.
“I’m looking forward to playing in the grand final now, and I just want to thank the club, Danny [Lions football boss Danny Daly], everyone involved for the process and helping me play this weekend.
“Hopefully all the attention is [now] off me and we can get ready to play on Saturday in the grand final.”
Neale has played 320 games without a suspension but has been cited multiple times for offences that resulted in fines, including some for similar striking of the body offences before AFL football boss Greg Swann’s crackdown on gut punches this season.
As the hearing ended, Neale could be heard thanking the board.
“Thank you to the tribunal, thanks Mr Chairman,” Neale was heard saying before the stream cut off.
Loveridge said in his short statement announcing the findings that Neale’s disciplinary record was exemplary and should have received greater weight when the tribunal made its decision.
“In regard to whether exceptional and compelling circumstances provision can apply to Neale’s benefit – we find that the tribunal did err in having regard to whether the conduct was intentional,” Loveridge said.
“We accept the position of Neale in his written submissions that the intentional aspect was an element of the charge which had already been established.
“The relevant inquiry was whether, despite the charge having been established, there was exceptional and compelling circumstances.
“In this case, that was Neale’s record. We find that Neale’s record is exemplary, and that he should be afforded the benefit of the provision.
“In conclusion, we allow the appeal.”
Former AFL operations boss Adrian Anderson, appearing for Neale, appealed on two fronts but didn’t attempt to challenge the striking charge.
He urged the board to give Neale a more “proportionate” penalty of either a $10,000 fine or have him serve his suspension in round one next season.
He claimed the tribunal didn’t consider Neale missing the “historic opportunity” to play in a grand final when it considered any exceptional and compelling circumstances around the penalty he received.
He also argued it was an error to look at prior cases for Scott Pendlebury and Charlie Cameron as their acts were deemed as careless contact, not intentional.
On the first issue, Anderson noted that missing the grand final was only mentioned in the intentional strike section of the findings and not the penalty.
Loveridge and Jurica both challenged him on that argument, stating that, surely, the tribunal would have had it on their minds.
Jurica quoted the findings, which mentioned, “We are mindful of the significant consequences of this finding of intentional strike”.
“Aren’t we [at] cross purposes here?” Jurica asked.
But Anderson countered to say that was in the section on the striking charge, not the penalty.
Anderson spoke for almost 90 minutes and was politely asked to hurry up his claims while AFL counsel Andrew Woods KC only used 25 minutes in his rebuttal.
Woods said Anderson’s own argument to the tribunal for exceptional and compelling circumstances focused on Neale’s record of 320 games without a suspension and the fact that Ginnivan didn’t report any injuries from the strike.
He added that it wasn’t right to “dissect” AFL tribunal findings for tiny errors.
“This is a sporting tribunal, and it took into account everything it needed to,” Woods said.
“Mr Anderson is inviting you to dissect the decision as you would an appellate court argument.
“They [tribunals] offer brief reasons for any decision made by it. It’s inappropriate to dissect them in the manner urged on you earlier.”
‘I’m after consistency’: Longmuir on Neale
Fremantle coach Justin Longmuir says his club wouldn’t have changed their midfield for the grand final regardless of Lachie Neale’s playing status.
The Dockers coach was asked his view following Neale’s win at the appeals board tonight.
“I thought he would play, it has probably taken longer than expected,” Longmuir told AFL 360.
“I understand the rationale behind it. With tribunal, concussion and umpiring, I’m after consistency and there is some consistency in this with exemplary records.
“We wouldn’t have changed our midfield and if he didn’t play, one of their other guys would have moved up. They have players lining up for [midfield] time.
“We will put time into him. He’s a champion of the game, so having him out there will definitely help them.”
Neale says his fine is a small price to pay
Here are a couple of more comments from Lachie Neale’s chat with the media following tonight’s appeals board finding.
On whether he had given up hope of playing on Saturday:
“I wasn’t very hopeful or very doubtful the whole way. I didn’t know. I’ve never been in that situation before, [so] I wasn’t sure how it would play out.”
On how he has handled the week so far:
“[It’s been] pretty nerve-wracking. [I’m] in pretty foreign territory, I wasn’t sure what to do with myself. I tried to keep busy and, thankfully, coming down here and training and having the boys around me has been great.”
On whether $10,000 is a small price to pay to play in a grand final:
“Absolutely, yeah.”
Opinion: A gut punch to the game
Opinion: I followed tonight’s live stream of the Neale hearing and I have to admit that I didn’t see this finding coming.
I’m not a super experienced tribunal reporter, but it felt to me that the appeals board had very little time for arguments made and they were going to throw the case out.
I was half-right.
They didn’t find an error of law, and they acknowledged it was established that Neale’s act was intentional.
‘The right decision has been made’: Lyon on Neale
AFL commentator and Australian Football Hall of Famer Garry Lyon has offered his opinion on the Neale verdict.
He had previously advocated for Neale to be allowed to play.
“I didn’t think it would happen this way,” Melbourne great Lyon said on AFL 360.
“I think this is an entirely appropriate decision.
“At the end of the day, the right decision has been made. Ten grand is substantial, the whack was stupid, it was worthy of a suspension in the home and away [season] but it was worthy of him and his record that he is allowed to play in the grand final.”
‘Hopefully the attention is now off me’: Neale speaks after stunning decision
Lachie Neale is free to play in the grand final after the AFL appeals board sensationally handed him a fine, overturning a one-match suspension on Thursday night.
The board of chairman Richard Loveridge and members Wayne Henwood and Stephen Jurica found that the AFL tribunal should have used the exemplary and compelling circumstances exception to reduce Neale’s one-game ban for gut-punching Jack Ginnivan.
They instead gave him a $10,000 fine after the AFL was denied the opportunity to introduce new evidence in the hearing – vision taken during a trial of an optical data tracking trial by Champion Data.
Loveridge said the board only wanted to consider the evidence that the tribunal originally considered.
Your view on the Neale appeal
Neale speaks
“I’m obviously very happy with the appeals board decision and I want to thank the club,” Neale said.
“After this, hopefully all the attention is off me.”
Analysis: Just why this decision is so stunning
This is a stunning decision by the AFL’s appeals board, one that will divide opinion on the eve of the grand final.
As foolish as it was for Lachie Neale to do what he did and place himself at risk of a suspension, the penalty of missing a grand final appeared manifestly excessive for what he did.
This is where the AFL’s provisions for a player’s exemplary record needed to be exercised. If they do not apply to a dual Brownlow medallist who had not been suspended in 320 games in grand final week, then when should they be used?
What price to play in a grand final? There will never be a person as happy to be fined $10,000 as Lachie Neale.
Neale thanks board
As the live stream of the hearing ended, Neale could be heard thanking the board.
“Thank you to the tribunal, thanks Mr Chairman,” Neale was heard saying before the stream cut off.
The verdict is in: Neale is free to play
The AFL appeals board has sensationally fined Neale $10,000 and freed him to play in the grand final.
More to come
Disclaimer : This story is auto aggregated by a computer programme and has not been created or edited by DOWNTHENEWS. Publisher: www.smh.com.au
