Maxwell Cleared

[Miguel Sanchez]

Kick out the members of the tribunal and replace them with members of the appeals board.

Two QC's and a former president of the Victorian Court of Appeal - could be a little expensive for the AFL if they're sitting every week.

 

[smiddaz123]

Bend over and take it bitches.

 

[Optimax]

This is a victory for everyone, not just Collingwood.

I agree we were arguing for contact in our game, it was no longer a collingwood and maxwell case

 

[Miguel Sanchez]

Yeah that was the closing argument of the AFL's chief advocate, anyone qualified for this job apply now.

To state that there are times when pulling out of a contest is the right thing to do, was responded by the Collingwood advocate by stating that that is just not part of our game.

Seems Maxy got off on incompetence from the MRP and the appeals board, if they heard the case properly I believe he would have got 4 weeks under the letter of the AFL law.

I think you're right. Seems to me that they argued that Maxwell was negligent in actually going for the bump. They'd have been better served arguing that he was negligent in his execution.

 

[WALL-e]

So was the report thrown out all together? Because his priors are 2 weeks alone.

 

[TheNumber4]

Good decision.

Now we can concentrate on footy and playing it right

 

[EOP26]

This is a victory for everyone, not just Collingwood.

Very true.....

 

[Adelaide Hawk]

Finally, some common sense out of all this. He should never have been reported in the first place. There's hope for the game yet.

 

[Optimax]

So was the report thrown out all together? Because his priors are 2 weeks alone.

All thrown out

 

[greenred]

Two QC's and a former president of the Victorian Court of Appeal - could be a little expensive for the AFL if they're sitting every week.

What's more expensive - sitting every week as an appeal's board, or sitting every week as a tribunal? If clubs are smart, they will appeal some of the more ridiculous suspensions more regularly.

 

[pistol17]

Just in case you guys want a link

http://www.foxsports.com.au/story/0,8659,25081744-23211,00.html

 

[Miguel Sanchez]

What's more expensive - sitting every week as an appeal's board, or sitting every week as a tribunal? If clubs are smart, they will appeal some of the more ridiculous suspensions more regularly.

This was the first successful appeal in several years. I doubt we're going to see a mad rush.

Edit:

Under the new system, clubs have appealed 10 decisions, including five in its first year of operations, with none having succeeded.: http://www.foxsports.com.au/story/0,8659,25080561-23211,00.html

 

[Lance Uppercut]

excellent news

 

[enosis7]

I think you're right. Seems to me that they argued that Maxwell was negligent in actually going for the bump. They'd have been better served arguing that he was negligent in his execution.

they wouldn't have succeeded arguing that he was negligent in his execution. At the original hearing, the AFL advocate accepted the medical evidence that the injury was caused by a head clash. You cannot have been negligent in your execution if you make shoulder to shoulder contact, but your head makes contact as a result of momentum. The tribunal originally found that Maxwell was found guilty of rough conduct at first instance on the basis he had a reasonable option not to bump, ie he was negligent in choosing to bump.

 

[Johnson#26]

This is a victory for everyone, not just Collingwood.

Exactly. Ours refers to us, the lovers of the game. The fabled fans.

 

[doodlefeatures]

Great result (although it would've been amusing to see the reaction of the Pie supporters if they'd given him an extra couple of weeks)

 

[Paddywhackers]

This was the first successful appeal in several years. I doubt we're going to see a mad rush.

Edit:

Under the new system, clubs have appealed 10 decisions, including five in its first year of operations, with none having succeeded.: http://www.foxsports.com.au/story/0,8659,25080561-23211,00.html

Oh, if it isn't five strings...

Wern't you for the suspension. Now I guess that it has been 'thrown out' you might be able to see how rediculous yours and the AFL's position was...

 

[Paddywhackers]

Great result (although it would've been amusing to see the reaction of the Pie supporters if they'd given him an extra couple of weeks)

I can well understand that.

 

[Zvim]

It is stupid and undermines the whole tribunal system and again reinforces there is no consistency in the AFL, you are innocent or guilty based on which way the public opinion pendulum is swinging. Lets just have an online vote and get rid of the puppets in the MRP and Tribunal, if these guys got something so simple so wrong then what are they doing there in the first place?

AFL need to sort this shit out and define properly what is legal and what is not because atm there is no confidence. If the player was from Bulldogs or Melbourne or North Melbourne and it wasn't pre-season when all the journos are bored and have nothing to write about it would never have been over-ruled.

 

[favourites]

Where are those WCE people??

 

[James Bond 008]

Now thats what im talking bout.

 

[Miguel Sanchez]

they wouldn't have succeeded arguing that he was negligent in his execution. At the original hearing, the AFL advocate accepted the medical evidence that the injury was caused by a head clash. You cannot have been negligent in your execution if you make shoulder to shoulder contact, but your head makes contact as a result of momentum. The tribunal originally found that Maxwell was found guilty of rough conduct at first instance on the basis he had a reasonable option not to bump, ie he was negligent in choosing to bump.

In my view you can, and that's what the AFL's advocate should have argued.

But since three extremely senior lawyers disagree with me, and they've had the benefit of actually seeing the evidence rather than just the media reports of the evidence, I'm happy to say I'm wrong on this one.

 

[greennick]

So was the report thrown out all together? Because his priors are 2 weeks alone.

You can't get suspended for the priors (the bad behaviour loading and the 80 points from the previous incident) without having the actual charge! He will still have the 80 points over his head though.

 

[Ant85]

A great victory for our great game!

This shows the AFL that their attempts to "soften" our game in order to win over the Soccer Mums can only go so far. They need to compromise, as much as us die-hard fans/traditionalists do. I believe we have compromised enough on our part.

 

[drummoyne]

Fantastic result for the game of AFL in general.

Was good to see Maxy acknowledge McGinnity after the trial