Robbo: Duty of care in Aussie rules to be scrutinised like never before in Maynard case

Brayden Maynard’s bump on Angus Brayshaw and its consequences will not only be a seminal moment for the game, but could also be one for the Dees star, writes Mark Robinson.

• Three, free or AFL appeal? Experts deliver their Maynard verdict

It is a seminal moment for the game and for Angus Brayshaw’s brain.

The consequences of the most hyped collision of the season will be determined at the tribunal on Tuesday night, when the duty of care in our heavy contact and combative sport will be assessed like never before.

The footy world is conflicted over old-time values, split second decisions and new-age parameters.

I’m left of centre, believing Brayden Maynard should not be suspended. But at the same time I am worried that we have a sport where a player can be knocked out for two minutes after receiving a shoulder to the face, and with force, when at the same time we have former players not knowing if they’re Arthur or Martha.

That’s the concern for Brayshaw, and for his family.

Unlike the concussion he suffered six years ago, which left Brayshaw in a mental mess, he has recovered well from the Maynard collision.

No headaches. No downturn mood swing. Plenty of clear communication.

He will undergo all the testing this week and next and if the Demons beat Carlton, and his baseline results return the green light, he will have the most agonising decision of his career to make.

Angus Brayshaw was stretchered off after the hit. Picture: Dylan Burns/AFL Photos via Getty Images

To play or not play in a preliminary final.

The decision will be taken out of his hands if Melbourne loses and there’s some people close to Brayshaw who would probably prefer that option.

Because one more hit to the head – and God forbid it would happen in a fortnight’s time – his career is almost certainly over.

And that’s just the footy component.

John Platten’s plight, which is mirrored by potentially hundreds more retired players, where he has severe memory loss and general mental hardship, is exhibit A for the frightening long-term effects of concussion.

Worse, players have taken their life.

It is just a game, after all.

To rest Brayshaw’s brain until next March is the favoured outcome even if the medical staff clear him to play.

The Maynard hit is about duty of care for Brayshaw.

There’s legal ramifications which adds grey matter to an already grey situation. The potential of million dollar payouts to former players is very real.

But Laura Kane’s decision to ride roughshod over MRO Michael Christian’s decision that Maynard did not have a case to answer, and to send the case to the tribunal has to be taken on face value. The role of the new footy boss is not to adjudicate on a potential concussion payment, she’s there to ensure the health and safety of players is paramount.

And she wants Maynard suspended.

What will Brayden Maynard’s fate be? Picture: Michael Willson/AFL Photos via Getty Images

To consider Maynard a thug is unfair.

His tough-guy bravado can be over the top sometimes, but there’s no denying his attack on the ball and the man is generally widely applauded.

The sport asks its combatants to play without fear and with effort. And it asks its players to be animals in one moment and clear and concise decision-makers in the next.

And sometimes in the time it takes to click your fingers.

Maynard went at Brayshaw like few players would. He ran at speed and jumped to smother the kick, and if it was a different outcome, and the ball was smothered, Maynard’s act would’ve been portrayed as inspiring.

But he missed the ball. He was left propelled in the air coming one way and Brayshaw, having got the kick off, coming the other way with his momentum propelling him forward.

The tribunal will decide if Maynard should be allowed to brace for contact in the circumstances, or if indeed, he was careless and when he tucked his shoulder and hurt Brayshaw.

One argument is, would Maynard have tucked if it was an intra club pre-season game and Scott Pendlebury had kicked the ball?

Of course he wouldn’t have.

Would he have splayed his arms in an act of care and not shoulder charged him?

Probably.

But comparing the mindset of a player in a “friendly’’ versus the expectations of a player against real opposition in a qualifying final is a stretch.

Still, could Maynard have taken that different option?

The Brayshaw camp believes Maynard, despite the minuscule time he had to reassess after the failed spoil, deliberately tucked the arm and tried to hurt.

The fallout of Maynard’s hit on Brayshaw was hostile. Picture: Michael Willson/AFL Photos via Getty Images

They are not blood-hungry and sending the hounds after the Collingwood defender, but they will be incredibly disillusioned if he escapes suspension.

Melbourne coach Simon Goodwin left no one in doubt about what he believed had happened.

“Look, you can only go by the facts – he jumped off the ground and knocked a guy out,” Goodwin said.

Clearly, Maynard strongly disagrees with the assertion he tried to hurt his one-time junior football teammate.

It’s understood that while Maynard and Brayshaw know each other, they are far from being the “great mates’’ of which they have been described.

The collision has certainly strained the relationship.

The tribunal, meanwhile, can’t possibly find that Maynard intentionally hurt Brayshaw. Whether it was careless and lacked a duty of care are the questions to be asked and answered.

The instinct to protect himself should save Maynard in this instance. But only just.