Appeal won: Patrick Cripps in the clear over rough conduct charge

Patrick Cripps has been cleared to play this weekend after the AFL appeals board overturned the tribunal’s decision of a two-match ban on the Carlton captain for rough conduct, crucially boosting the Blues’ finals hopes.

In a marathon hearing that lasted more than four and a half hours, including 90 minutes of jury deliberations, the AFL appeals board chairman, Murray Kellam, found there was enough evidence to overturn the tribunal’s decision, freeing Cripps to play against Melbourne and Collingwood in the next two rounds.

Kellam said the finding of the jury on Tuesday night was unreasonable as both players, Cripps and the player he collided with, Brisbane’s Callum Ah Chee, were contesting for the ball, resulting in the collision.

Carlton skipper Patrick Cripps.Credit: AFL Photos

“The finding was unreasonable and did not comply with the requirements of procedural fairness,” Kellam said, adding there was “an error of law”.

“We concluded [that the] finding of the jury was unreasonable.”

Kellam also said: “Failure to afford procedural fairness amounts to error of the law. Because we’re unable to identify the evidentiary basis of the finding, ‘the actions of Cripps were in the bumping of an opponent’, we conclude findings of the jury were unreasonable”.

At the AFL Tribunal this week, Carlton failed in their initial bid to avoid a suspension, with the jury finding that it was unreasonable for Cripps to contest the ball as he did, given he elected to bump and leave the ground.

Carlton, desperate to have their star midfielder back for their games against the Demons and Magpies, made the case for an appeal on Thursday night with the player’s counsel claiming the tribunal decision was “infected with error”.

In what unfolded to be a complex case, Chris Townshend QC, argued an error of the law occurred by the tribunal as Cripps reasonably contested the ball rather than electing to bump, and questioned the interpretation of the “bumping rule” and how it was applied.

He also claimed there was “a denial of natural justice”, which he argued was an error and “would have affected the result”.

Patrick Cripps bumps Callum Ah Chee.Credit: Fox Footy

Townshend went on to say Cripps’ turning of his body in the collision was to create a “chest mark” position and protect the drop zone, not to create “a classic bumping position”, as the tribunal jury found.

Cripps’ counsel stressed it was a reasonable football act, as both players in the collision had eyes on the ball while it was in dispute, and if it was a reasonable act, it would negate the charges.

Nicholas Pane QC, counsel for the AFL, argued that in the matters of judgement presented by Carlton’s counsel, “...the original tribunal was best placed to address those matters ... [Carlton] didn’t raise any matter sufficient to overturn their decision”.

Pane said a player could contest the ball and still bump their opponent, and the tribunal determined the action constitute a bump.

The appeals board heard the case after Carlton decided on Wednesday they would appeal the decision, in a last-ditch attempt to free their captain.

It was the first case to go to the league’s appeals board since the finals last year when the AFL appealed against the initial three-match suspension given to Toby Greene for making intentional contact with umpire Matt Stevic.

Cripps’ action was graded by match review officer Michael Christian as careless conduct, high contact and high impact, based on the skipper electing to leave the ground and Ah Chee forced from the ground with a concussion.

“No way I can contest that ball without a collision being there,” Cripps had said on Tuesday, arguing he made a genuine attempt to contest the ball.

“… If the ball is in dispute in an aerial contest, if that ball is in front of you and you can get it, you go for it. That’s your job as a footballer.”

However, this was found unsuccessful with chairman Jeff Gleeson arguing he turned his body into a classic bumping position, saying “...he entered the contest at speed...and bumped Ah Chee at high speed.”

“He should have contested the ball differently. He could have taken the ball with arms outstretched so there was no act of bumping at all,” said Gleeson.

The case will have a significant bearing of Carlton’s finals campaign.

To qualify for finals, the Blues will need to win at least one of their last two remaining games.

Cripps’ availability is all the more crucial, given the Blues’ midfield is already missing injured on-ballers George Hewett and Matt Kennedy.

The Blues have spent the entire season in the top eight, and a fortnight ago were in the hunt for a top-four finish but now are looking vulnerable to drop out of finals contention, and be overtaken by any two of Richmond, St Kilda and the Western Bulldogs.

If they still make it to September, it will be Carlton’s first finals campaign since 2013 and Cripps’ maiden finals appearance.