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Of course they can - that's why the AFL referred it to the Tribunal.And you cannot suspend him under the current AFL rules for contesting the ball.
If the Tribunal couldn't suspend him under the existing rules, then AFL wouldn't have referred it and the Tribunal shouldn't have heard the matter.
“The AFL will argue that, regardless of whether Player Mackay was (1) contesting the ball, (2) bumping Player Clark or (3) both, he still contravened the general prohibition on unreasonable conduct (including in contesting the ball),” the statement read.
The AFL plans to contest that the “severe impact” and “high contact” of the incident should equate to a minimum of three weeks suspension.