AFL tribunal appeal: Demon Jacob van Rooyen free to play after overturning ban

After much debate and deliberation, the AFL’s most scrutinised tribunal decision finally has a resolution.

Jacob van Rooyen had his suspension upheld. Picture: Getty Images

Melbourne’s Jacob van Rooyen is free to play Hawthorn on Saturday after his two-game suspension for striking was sensationally overturned by the AFL Appeals Board on Thursday night.

In a landmark ruling, the tribunal decided van Rooyen’s spoil was permitted under AFL rules as it was “incidental contact” from a legitimate defensive action in a marking contest under rule 18.5.3.

It means van Rooyen is clear to play against Hawthorn (MCG) and Port Adelaide (AO) over the next fortnight.

The marathon four-hour hearing included more than two hours of deliberation before the verdict was delivered.

Tribunal appeals board chairperson Matthew Whitaker said van Rooyen was correct in his efforts to contest the spoil on the footy despite head-high contact to Gold Coast Suns’ defender Charlie Ballard.

Jacov van Rooyen’s ban has been overturned. Picture: Albert Perez/AFL Photos via Getty Images

“On the face of it, the rule does not make any exceptions in the circumstances where the sole duty is to contest or spoil a mark,” Whitaker said.

“The tribunal found unequivocally the objective of the appellant at the moment of the impact was to spoil the mark.”

Melbourne’s advocate Will Houghton said van Rooyen should receive protection and immunity as he was making a legitimate spoil in the marking contest and that any contact was purely “incidental”.

Van Rooyen made contact with Gold Coast’s Ballard head in a marking contest on Saturday night with an outstretched right arm which clipped Ballard’s forehead.

“What we are looking at tonight is an examination of the term permitted contact,” Houghton said.

“There is no finding van Rooyen had another other objective when he made that dash towards player Ballard and managed to spoil the mark because he actually connected with the football to spoil the mark

“But at the same time his inner upper arm made contact with the face or the head of Ballard.

“So there is no finding he had any other objective than to spoil the mark”.

The attempted spoil received strong support from the AFL community across the weekend with St Kilda great Leigh Montagna, Collingwood and Carlton star Dale Thomas and Western Bulldogs and Richmond’s Nathan Brown all in favour of a reprieve.

Melbourne coach Simon Goodwin said the verdict challenged the “fabric of the game”.

The AFL argued the Demon should have showed a duty of care and in a ruling which could have have had consequences for the league, but Whitaker said “it is not for this board to redraft the laws or Australian Football in circumstances where the law is clear”.

“Accordingly, we conclude the ground of the appellant secedes. It is not necessary for us in those circumstances,” Whitaker said. “Accordingly it is appropriate that the sanction imposed by the tribunal (on Tuesday night) is set aside.”

Jacob van Rooyen is free to play. Picture: Quinn Rooney/Getty Images

There has been a view among coaches across the AFL players in a similar situation to van Rooyen should put their arms up to block the ball above their opponent’s head rather than outstretch their arm to spoil the football in a direct punch close to their nose.

But the league sides with the young Demon in a call which will pave the way for future contests.

In a strong performance, AFL advocate Andrew Woods said AFL players must continue to show a “duty of care (to their opponents) regardless of their sole objective”.

Woods, acting for the AFL, said players don’t have a “blank cheque” to make head-high contact in their genuine attempts to spoil the Sherrin.

Woods disputed the suggestion players have “no obligation to take reasonable care of their fellow players so long as their sole objective is a lawful action”.

“Players must show a duty of care regardless of their sole objective,” Woods said.

Similarly, Brisbane champion Jonathan Brown said it was the league’s worst-ever tribunal decision banning van Rooyen for a legitimate spoiling attempt.

Van Rooyen made contact with the inner part of his bicep to Ballard’s head, which knocked him to the ground. The Suns’ medical staff took the backman off with a stretcher as a precaution.

Ballard was taken from the field on a stretcher. (Photo by Albert Perez/AFL Photos via Getty Images)

But Ballard, who heard a “crack in his neck”, is available to play West Coast on Friday night in Perth.

Melbourne’s advocate Wil Houghton said van Rooyen should be protected from the consequences of incidental contact if the Demon’s actions were legitimate.

He said under the rules “incidental contact in marking contest will be permitted if the player’s sole objective is to contest or spoil a mark”.

Houghton said the rule 18.5.3 should grant “immunity” to players solely contesting the ball.

“The contact was incidental in the sense that he had a sole objective for spoiling the mark and on the way through unfortunately contact was made with Ballard who went to ground and was taken off the field,” Houghton said.

“Fortunately he didn’t suffer any real damage, there was no neurological damage, there was no concussion. He hasn’t missed any training days.

“That player is available for selection this weekend.”

But the Appeals Board led by chairman Whitaker said van Rooyen was not guilty.

Originally published as AFL tribunal appeal: Demon Jacob van Rooyen free to play after overturning ban