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2 minutes ago, Demonsterative said:

JVR got what he deserved according to Will Powell. Well said fella! 
 

image.jpeg.891598e8b502f335e9ec0eafc72c89de.jpeg

He deserves some boos this fella.

Don't think I'll ever get along to a game were playing the Suns though.

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The reasons from the appeals board are quite simple and straightforward - it is not for the tribunal or the board to insert the word "reasonable" into the laws of the game. Accordingly, van Rooey could not be found to have breached a law that does not exist.

It took 2 HOURS to decide this? Nuts.

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Frame this … 

Will Houghton KC is representing Melbourne and young star Jacob van Rooyen.

He is arguing that rule 18.5.1 is there to protect a player whose sole objective is to either contest the mark or spoil the mark. He says rule 18.5.3 contains a protection or an immunity to the player, when their sole objective is contesting a mark or seeking to spoil a mark, from being charged with a reportable offence.

The rules:

18.5.1: The Player whose sole objective is to contest or spoil a Mark shall be permitted to do so. 

18.5.3: Incidental contact in a Marking contest will be permitted if the Player's sole objective is to contest or spoil a Mark.

Houghton argues that van Rooyen spoiled the mark using an outstretched arm and fist to punch the ball away, which should be the end of the matter.

That’s our case. 

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Our KC did well to not focus on the injury (or lack thereof) and to press the case focused around rule 18.5.3 which gives JVR immunity to any physical outcome as he was contesting the ball (as stated by the tribunal).

Well played sir, justice prevails. 

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1 minute ago, YesitwasaWin4theAges said:

He deserves some boos this fella.

Why? For having an opinion? He got it very wrong, but he’s entitled to his opinion.

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2 minutes ago, YesitwasaWin4theAges said:

He deserves some boos this fella.

Don't think I'll ever get along to a game were playing the Suns though.

Young bloke sticking up for a team mate. If he was in Dees colours we’d expect the same. Like your passion, but we are better than that

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7 minutes ago, DeeVoted said:

Reasons from Appeal Board chair Murray Kellam:

Law 18.5 refers only to incidental contact and makes no mention of unreasonable contact.

These laws and the drafting of them, in our view, support the contentions of the appellant (Melbourne) that law 18.5 must be read in its terms.

We recognise that the concerns expressed by the Chair of the Tribunal about an extreme characterisation of incidental contact have validity and that concern is, in our view, well justified.

However, that does not permit us to interpret rule 18.5 as containing additional words, or to introduce exceptions into the meaning of law 18.5, which is not supported by the text nor, as far as we can ascertain, the spirit and intention of law 18.5.

It's not for this board to redraft the laws of Australian Football in circumstances whereby the meaning of the law is clear on the face of it.

Accordingly, we conclude that ground one of the appellants notice of appeal succeeds. It's not necessary for us in those circumstances to determine ground two.

Called this during the Tribunal hearing. The Tribunal is there to apply its rules, not reinvent their meaning. The Tribunal is not a civil court capable of establishing common law. It’s absurd. The tribunal should be embarrassed and the AFL need to disband it ASAP. It is a great overreach of power. I’m actually disgusted that it got to this point

Edited by Kick_It_To_Pickett
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7 minutes ago, Whispering_Jack said:

Correct - as you and some others have pointed out this process was an appeal and the advocate for the MFC had the task of convincing the appeals board that Tuesday’s Tribunal erred in their interpretation of the AFL’s rules. 

“The tribunal chairman Jeff Gleeson KC said that although it was reasonable for the young Demon to assess the situation in the way he did they decided ‘a reasonable player would have seen that in spoiling the ball in the way he did would almost inevitably have resulted in a forceful blow to Ballard’s head’”.

Besides being complete and utter gobbledygook, Gleeson was attempting to rewrite the rule book. If allowed to stand, the Tribunal’s decision would have forever stood as a grave injustice. 

Given the rebuff given to him by the Appeals Board, should we expect Gleeson to do the honourable thing and resign?

Edited by Elwood 3184
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1 minute ago, Jaded No More said:

He has to play for GC. The biggest punishment of all. 

No wonder players leave that franchise year after year. Soulless loser club with no supporters or future. 

Hope Powell receives a nice Viney tackle or a well executed Van Rooyen spoil when we next encounter them.

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