Prison bar jumpers: Sports lawyer warns Port Adelaide legal case would be ‘doomed to fail’
Port Adelaide is already planning the next step in its fight to wear the prison bars as a lawyer warns any legal case would likely fail.
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A leading South Australian sports lawyer believes Port Adelaide would have been “doomed to fail” if it launched legal proceedings over its prison-bar guernsey knock-back.
The Power had left the door open for litigation on Thursday after the AFL rejected its proposal to wear its black-and-white jumper in Showdowns.
On Friday morning, Port Adelaide chief executive Matthew Richardson all but ruled it out.
Instead, the club plans to resume talks with the AFL and meet with Collingwood’s hierarchy to find a solution so it can don it against the Crows.
Greg Griffin told The Advertiser the prospect of going to court was “all bluff”.
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Griffin, who represented a consortium of SANFL clubs opposing Port Adelaide’s national-league entry in the mid-1990s, said the AFL held all the power because of contracts signed and intellectual property.
“The AFL has by far the superior position,” Griffin, of Griffins Lawyers, told The Advertiser.
“My view is Port would be doomed to fail.
“The contract gives the contractual right to the AFL that Port Adelaide requires to any direction it gives as to the guernsey.”
Griffin also questioned if legal action would have been wise given the Power’s on-field form.
The 2020 preliminary finalist is sitting third on the ladder with a 5-1 record.
“They’re doing well and the AFL has the capacity to take away (premiership) points so I think they’d be risking a top-two finish on a proceeding that’s likely to fail,” Griffin said.
Richardson said on Thursday the club was “extremely disappointed” and considering its next steps but it was “too soon to say” if it would take legal action.
“It’s something we believe in very strongly … and we’ll continue to fight for it,” Richardson said.
Asked again on Friday about possible legal proceedings, he told Triple M: “No, I don’t think so.
“We’ll go about this the right way.
“The way to get this done is to have really respectful conversations with the right people.”
Richardson said the club would continue conversations with the AFL and planned to catch up with Collingwood counterparts Mark Korda and Mark Anderson.
The AFL cited Collingwood not agreeing to further use of the prison-bar guernsey “at this time” as one of the reasons behind its call.
“Our beef is not with Collingwood, this is a decision the AFL could make,” Richardson said.
In its statement on Thursday, the league said it would continue to work with Port Adelaide and Collingwood on any potential future use of the guernsey.
Power coach Ken Hinkley said trying to wear its traditional jumper was a significant battle for the club.
“I think that challenge is over to (chairman) David (Koch) and Richo, and my responsibility is putting all our energy into winning games of football,” Hinkley said.
“We are focused on Brisbane and four points, but we (the team) really love the prison bars.”
Hinkley backed Koch and Richardson’s comments by saying the club would not risk four premiership points by defying the AFL and playing in the guernsey next weekend.
‘Illogical’: Why do Pies have a voice in guernsey fight?
Port Adelaide great Tim Ginever says it is illogical Collingwood has input in the AFL stopping the Power wearing a guernsey that is part of the club’s “DNA”.
The league has cited agreements between it, Port Adelaide and Collingwood, and the Magpies not wanting further use of the jumper, for knocking back the Power’s request to play in the black-and-white striped uniform in its home Showdown on May 8.
But former Port Adelaide captain Ginever, who wore the guernsey during his 313-game SANFL career, including in seven grand final wins, told The Advertiser the league was reneging on its responsibility by deferring to Collingwood.
“I’m confused as to why Collingwood have to keep being the decision-maker on this,” Ginever said.
“There’s no logical reason why.
“The AFL are the be-all and master of every other issue in the AFL, bar this.
“All of a sudden the responsibility switches over to Collingwood allowing us to wear it and I keep asking ‘why?’.
“It should have no bearing upon Collingwood.”
Port Adelaide has worn the guernsey five times in the AFL and since 1902 in the SANFL.
The Power last played an AFL game in it in the sole Showdown of 2020, in July, as part of the club’s 150th anniversary celebrations.
Port Adelaide recorded its biggest win – 75 points – over the Crows in that game, which was played to a crowd of just 2240 due to coronavirus restrictions.
Ginever said there should be no confusion as to the difference between what his club requested and Collingwood’s jumper.
“If you were to put one image up that just said ‘Port Adelaide’, you could put that guernsey up with nothing else and people will go ‘that’s Port Adelaide’,” Ginever said.
“They don’t say ‘that’s Collingwood’.
“It’s so in our DNA as a football club, all the emotional heritage is in that guernsey.
“It got stolen from us last year with COVID and the fact they want to wear it in our home Showdown against the Crows, that’s a tip of the hat to the whole history of the football club.”
Ginever believed Power players lifted when it took to the field in the jumper.
“It’s like us having a history round honouring everyone who’s ever played in it,” he said.
“Last year the boys jumped out of their skin that night and I think the boys got robbed of the full experience.”
Ginever said he would wear the black-and-white guernsey to next weekend’s Showdown.
“I would love to see it come back again,” he said.
POWER BOSS KOCH REACTS TO LATEST JUMPER DENIAL
Port Adelaide chairman David Koch says the club is extremely disappointed at the AFL denying its prison-bar guernsey request, and the issue is not going away.
Koch said although Collingwood was part of the agreement over the jumper’s use that led to Thursday’s decision to stop the club wearing the black-and-white jumper in the May 8 Showdown, “our frustration sits squarely with the AFL”.
“We believe our request is reasonable,” Koch said.
“This issue isn’t just about Port Adelaide.
“It is about the passion and connection that all fans have for their clubs.
“As I’ve said, this issue isn’t going away.
“It is too important to our people and our club.”
Koch said while Collingwood allowed Port Adelaide to wear the guernsey in last year’s Showdown for its 150th anniversary, the clubs “were unable to reach agreement regarding ongoing use of the prison bars and therefore deferred consideration for future use to a later point in time”.
“We also note that the AFL has reached today’s decision based on the existing signed agreements in place and refer to the 2019 agreement only,” he said.
“There is no mention of the 2007 agreement also signed by all parties providing Port Adelaide with the option to wear its heritage prison-bar jumper once per year in home AFL heritage rounds.
“Port Adelaide signed that agreement in good faith.”
Koch said the club only requested to wear the guernsey in Showdowns to celebrate the club’s heritage.
He said the AFL owned clubs’ intellectual property so this was a decision the league could make independently”.
“This is a decision for the fans, the most important stakeholders in our game,” he said.
“To treat our fans and the heritage of our Club in this way is disappointing.
“A key purpose of the AFL is to protect and nurture the heritage of the game.
“Heritage makes our game stronger.
“The AFL cares about heritage and that should include Port Adelaide’s.”
AFL stamps out prison bars bid
Glenn McFarlane
In a statement on Thursday, the league said it had reviewed the Power’s submission to don the black-and-white jumper in Showdown 49 next week, but determined existing agreements between Port Adelaide, Collingwood and the AFL would prevent it from being worn.
“In 2019, the AFL, Port Adelaide and Collingwood came to an agreement that allowed one-off approval for the ‘prison bar’ guernsey to be worn in Port Adelaide’s home match against the Adelaide Crows to celebrate the club’s 150th anniversary,” the statement said.
“That agreement, signed by all parties, stipulated the guernsey was specifically approved for Port Adelaide’s use only for that single match in 2020 and Collingwood’s approval did not bind it with respect to any other future proposals by the Port Adelaide Football Club in respect of the guernsey.
“Collingwood Football Club has made it clear that, at this time, it does not agree to further use of the guernsey by PAFC including in ‘Showdown’ matches against Adelaide Crows.
“On that basis, and consistent with the arrangements that have applied to all previous instances of use of the “prison bar” guernsey by Port Adelaide since the club joined the AFL (i.e. with the approval of the AFL and Collingwood), the AFL does not grant permission for the guernsey to be worn in Round 8”.
Collingwood did not wish to comment on the Port Adelaide guernsey decision on Thursday, saying it was an AFL decision not to approve the ‘prison bars’ jumper for the Power’s Showdown against Adelaide.
But Magpies president Mark Korda addressed the matter on Wednesday night, releasing a statement.
“There is a place for only one black and white striped jumper in the AFL, the iconic Collingwood jumper,” Korda said.
“In the spirit of AFL collegiality and in recognition of Port Adelaide’s rich South Australian history, Collingwood supported the AFL’s decision to allow Port Adelaide to wear a black and white striped jumper in 2020, Port Adelaide’s 150th year.
“We are surprised and disappointed that there is a renewed attempt to introduce the jumper into the competition on a permanent basis, particularly given what we believe to be an agreement that was reached between the two clubs a number of years ago.”
The AFL said it would continue to work with both clubs about potential future use of the guernsey.
Port Adelaide chairman David Koch revealed on FIVEaa on Thursday the league had threatened to dock premiership points if the club wore the guernsey without approval.
On Wednesday, Koch called the league’s delay in making a decision “totally disrespectful” and “ridiculous”.
The rekindling of tensions over the prison bars debate came after former Collingwood president Eddie McGuire took a stunning swing at Port Adelaide, suggesting the battle over the guernsey may need to end up in the Federal Court.
In an explosive segment on Footy Classified Wednesday night, McGuire and former Port champ Kane Cornes traded blows as the ex-Pies boss suggested the Power had backstabbed the SANFL when they joined the AFL in 1997.
The argument over the jumper reached new heights when Cornes produced the 2007 document he believed proved that McGuire and Collingwood had given Port the all clear to wear the traditional jumper.
“I’m not asking for your opinion. I’m giving you mine. Port Adelaide, back when you were playing, were running away from the Magpies as quickly as possible,” McGuire said.
“Port Adelaide tried to break away – I won’t say ‘Rat’. I won’t say they were ‘Judas’ to the South Australian National Football League.
“When they came into the competition, they couldn’t get any supporters. They realised teal was going to be their colour.”
The Power has worn the prison-bar guernsey five times in the AFL, most recently in last year’s sole Showdown, in its 150th season, and since 1902 in the SANFL.
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