‘The most appropriate penalty would be to replay the game’, but retired judge tells SANFL tribunal he did not have the power to sanction a replay
THE retired Supreme Court judge who ruled on the extraordinary SANFL tribunal hearing over North Adelaide’s 19th man would have ordered a rematch if he ‘had the power’ and says the existing laws on the issue are outdated.
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THE retired Supreme Court judge who ruled on the extraordinary SANFL tribunal hearing on North Adelaide’s 19th man preliminary final fiasco said he would have ordered a rematch if he “had the power to do so”.
The Hon. Michael David QC on Monday night said the Roosters had been “grossly negligent” and fined them the maximum penalty as well as hit them with a points loss for 2019 for fielding a 19th player at the start of the last term of Sunday’s incredible come-from-behind win at Adelaide Oval.
The retired judge said “the most appropriate penalty” would be to play the preliminary final again, but he did not have the power to sanction a replay.
“To me a rematch would seem to be the most superficially appropriate penalty, but I have no power to do so and would have of course caused potential prejudice to the Norwood Football Club who are waiting to play the grand final.
“I’m of the view that as this was not deliberate, a reversal of the result is too savage a penalty and the matter should be dealt with by matter of fine and loss of premiership points for next year.
“Sadly, this is of little consolation to the Woodville-West Torrens Football Club.”
Mr David said while accidental, North Adelaide was “grossly negligent in allowing for a period of some three and half minutes 19 men to be on the field”.
“Their various explanations as to how this came about were unsatisfactory and confusing,” he said.
“However, I find that the decision that they indulged in was not deliberate. It was due to negligence. I have looked at the video of those minutes and it is almost impossible having looked at it on a number of occasions to say whether that extra man affected the scoring and therefore the results.
“It is impossible and I can say no more other than that it was a possibility that it could have affected the result but I can say no more than that.”
Mr David heard arguments from both clubs and examined vision of the incident when the Roosters had an extra player on the ground.
He said the laws surrounding the rule were outdated.
“I’m of the view that it would be unrealistic to expect the Woodville-West Torrens Football Club through their captain to ask for a count on the day,” he said.
“My decision should not factor in the fact that was not done.
“That is a very (outdated) law that doesn’t apply today and has been overtaken by technology, because there was no doubt there was 19 men on the field, and a count would not be necessary.”
SANFL chief executive Jake Parkinson agreed and said the league would need to go and have a look at the rule.
“The game evolves and evolves very quickly … and I think the occurrence of Sunday in the prelim final that we will need to go and have a look at that rule,” Mr Parkinson told FIVEaa on Tuesday morning.
“There’s a law of the game as put by the AFL and something I am sure we will have further discussion with them about, but at the same time there are also adjustments that can be made in the SANFL competition.
“When we look at the number of people who come on and off of the football ground today compared to possibly when the law was drafted is something we are going to have to reflect on and learn from.”
Mr Parkinson acknowledged Mr David “would have liked all options available to him” — such as a replay — but was bound by the regulations of the game.
“The Honourable Michael David is a very well credentialed former Supreme Court judge and he, along with everyone else, were focused on the rules and regulations of Australian football and the SANFL competition,” Mr Parkinson said.
“The regulations of the SANFL competition are quite explicit in the penalties and mechanics that can be used in this situation.
“He was bound by those and made the decisions in accordance with them.”
Mr Parkinson said he expected opposition fans to get stuck into North Adelaide but was expecting a fantastic game of football on Sunday.
“North Adelaide and Norwood are both very attacking sides. Some of the comments that have been made to me, and I wholeheartedly agree, that the follow on from this game is something of a shame because the game of footy itself was absolutely a spectacle.
“I think if you put it into the context of the season, North Adelaide came last year and second last the year before and they find themselves in a grand final. And they only came to play in that preliminary final by having a very strong season on the field, turning the club around and there will be 21 players on the field on Sunday who have represented the club extraordinarily well throughout the season and they are in the grand final and deserve to be there and we can turn our minds to them playing Norwood on Sunday.”