Round 11

MEDIA RELEASE FROM THE AUSTRALIAN FOOTBALL LEAGUE
Tribunal Hearings held on Wednesday June 9 (Brian Collis, QC, Chairman)

John Barker, Hawthorn -- Cleared. Clearly there is contact between player Barker and player McPhee. The umpire has said that McPhee clearly did not go to the ground. McPhee himself has said that as far as he was concerned it was of minimal force. We have to be satisfied on the balance of probabilities that the contact, however made, whether it be by a forearm or an open hand, is of such force to warrant it to be aptly described as striking.  We are not so satisfied on the balance of probabilities and the charge is not sustained.

Simon Beaumont, Hawthorn and Justin Murphy, Essendon.  Both suspended for One Match.  Both players have admitted that contact was made by Murphy's head to the face of player Beaumont.  We believe that that contact was forceful and was unnecessary and unreasonable in the circumstances and constitutes misconduct.  Therefore that charge is sustained. On the striking charge, even though it was with an open hand, it was a forceful blow and in our opinion constitutes striking.  So that charge is sustained.  We also find that the thrusting of Beaumont's head towards the face of player Murphy on two occasions was also unnecessary and unreasonable and constitutes misconduct. So that charge is also sustained.

Suffice to say the tribunal regards the action of each player being unnecessary and unreasonable in the circumstances.  We note that both their records are very good records, but in particular the length and playing record of player Beaumont.  Doing the best we can, player Murphy will be suspended for one match. Player Beaumont will be suspended for one match in respect of each offence, but in the view of his long playing record we direct that they be served concurrently. 

Lance Picioane, Hawthorn and Richard Vandenburg, Hawthorn. Suspended for Four Matches and Six Matches. I will deal with the tribunal's finding first in relation to player Picioane.  We have considered the video evidence.  We have considered that in conjunction with the photographs.  We have also considered the evidence of the players.  We are satisfied that player Picioane had a clenched fist. We are satisfied given the nature and extent of his arm movement, in relation to that the movement of McPhee's head, that he made forceful contact to the head of McPhee.  We are satisfied on the balance of probabilities that is as a result of striking and not as a grabbing motion.  The charge is sustained.

Player Richard Vandenberg, we are satisfied given his position in relation to player McPhee at the relevant times, the fact that he had a clenched fist, the fact that he on the balance of probabilities adopted a striking action and given the nature and extent of his arm movements and the striking action we are satisfied that he struck player McPhee and that it wasn't a grabbing action.

Rule 23.7.3 of the Player's Rules, which is the charter under which the tribunal operates, directs the tribunal as to matters it ought to take into account in relation to penalty.  These are not matters the tribunal makes up for its own purposes but they are matters the Player's Rules directs our attention to. As to the seriousness of the offence, the game had stopped.What we have seen has nothing to do with the playing of the game of Australian football.  So in this setting we regard these as serious offences.  The effect on player McPhee is that he has a bruised eye, a lacerated eye and discomfort in his rib area and that's a result of player Vandenberg's actions. Player Picioane has two relevant prior convictions, one in 2002 and one in round 12 of 2003. Player Vandenberg has an unblemished relevant record.  The objectives of the Player's Rules state that AFL football is played at the elite level and the players who play it should set an example of how the game is to be played both competitively and fairly. In imposing sanctions the tribunal's objectives are the tribunal should impose sanctions which are reasonably necessary to ensure fair and responsible conduct and thereby protect players and encourage participation in Australian football at a junior level. All we say is we don't think this is responsible conduct from players that are playing in the elite competition. Balancing these matters as best we are able, player Picioane will be suspended for the next four matches in which his club participates.  Player Richard Vandenberg will be suspended for three matches on the charge of striking and three matches on the charge of misconduct in that he made unnecessary and unreasonable contact, making a total of six matches.

Campbell Brown, Hawthorn -- Suspended for Four Matches. As to the seriousness of this offence, the game has stopped; this is a completely unnecessary action as, I repeat, it has nothing whatsoever to do with playing the game of Australian football.  Both players were simply walking off the ground and we would regard it as a serious offence. The Essendon player was clearly injured before this particular incident, but we are satisfied that forceful contact was made to him, although we do not make any particular finding as to whether he sustained any injury in it. As to the player's record, this is the second offence of striking this season and he received a one match penalty in round 3.  So there have been seven matches since he was eligible to play again. We note that he has pleaded guilty, that he is remorseful, and we note the fine character evidence given on his behalf by Brian Waldron, Robert Skilton, Shane Crawford, Francis Bourke and Pat Stone.

Balancing all these matters as best we are able to, the player will be suspended for the next four matches in which his club participates.

Melee Charges, Hawthorn v Essendon. Various Fine Amounts. The tribunal is firmly against the position of fining the clubs.  We believe that players should be fined, given the evidence, but we are prepared to hear any submission to the contrary. It appears that a lot has been said about this melee.  As far as the tribunal is concerned, the less said the better.  We impose penalties which we say reflect the degree of involvement and the player's records in relation to wrestling and melee.

Player John Barker will be fined the sum of $4,500.  Player Peter Everitt, the sum of $5,000.  We have taken into account in relation to Picioane that he has been suspended, but he will be fined the sum of $4,000.  Richard Vandenberg, the sum of $4,000.  Player Nick Holland, the sum of $5,000.  Player Chance Bateman, the sum of $5,000.  Player Mark Williams, the sum of $4,000. We have taken into account Campbell Brown's previous situation with wrestling, but we also think he again became engaged in the melee - the sum of $4,000.

Player Peverill, the sum of $3,500. Player Dean Solomon, the sum of $4,500. Mark Johnson, the sum of $6,500. Player Adam McPhee, the sum of $4,500.  Player Jason Johnson, the sum of $3,500.  Player Andrew Welsh, the sum of $3,500.  Player Dean Rioli, the sum of $4,000.  Player Mark McVeigh, the sum of $4,000.

Tribunal Hearings held on Tuesday June 8 (Brian Collis, QC, Chairman)

Will Minson, Western Bulldogs -- Suspended for Two Matches. Player Minson makes a forceful movement towards player Ling, and at or about the time that Riccardi gains possession of the football, he makes forceful contact with Ling, knocking him to the ground. On the balance of probabilities we are satisfied in the circumstances that the amount of force used was unreasonable and unnecessary and constitutes charging as a result of a reckless act. This occurred as a result of a reckless act and we simply say player Ling would not have expected in the circumstances the contact that was made to him.  Clearly player Ling was initially distressed, however, he recovered pretty quickly and there was no injury, but it always has got the potential we say, this sort of thing, for injury. Our decision is that the player will be suspended for the next two matches.

Stuart Cochrane, Port Adelaide. Suspended for One Match. Player Cochrane's spoiling attempt results in the fact that immediately after player Hadley takes the mark, he strikes him to the head with his forearm and immediately after player Hadley goes to ground.  We are satisfied that the contact was forceful, it constitutes a strike and it is reckless act. The player's record, he has been in the AFL system now for some nine years, played 130 games in the Firsts and Seconds including 88 in the Firsts.  It's a good unblemished record and he gets credit for it, and because of his unblemished record, the penalty has been reduced so he will be suspended for the next match in which his club participates.

Tim Fleming, Richmond. Suspended for Two Matches. Our findings are that player Watson takes a clean overhead mark in the front of his body and that as he is bringing the ball down, there is forceful contact made to the back of his head by player Fleming. The umpire was adamant that as far as he was concerned, it was unnecessary and unreasonable.  The tribunal agrees with him. It is the seriousness of this offence, this is once again a marking contest in which we have found that the player has been guilty of unreasonable contact. The player has one prior conviction in season 2003.  We note he has played approximately 25 or 30 games.  Given the prior conviction, the player will be suspended for the next two matches.

Chris Tarrant, Collingwood. Suspended for Two Matches. We find that on the balance of probabilities that or about this time player Tarrant, with his forearm, makes contact to player Carroll's neck and lower head area. We find further on the balance of probabilities that it was forceful and we find, given the nature and extent of the movement of player Tarrant's arm, that it constitutes striking. It is suffice to say that it a reckless act in a contest for the football. The effect on the other player:  We find that he appeared to us to be clearly distressed initially, but he recovered quickly and suffered no injury.  Player Tarrant has played 120 day games and a number of night games.  This is his second offence for striking in three seasons. Balancing those matters, the player will be suspended for the next two matches.