Shane Tuck concussion inquest deserves wide scope

My father, a retired neurologist, once told me that the human brain was, by far, the most complex thing in the universe. What’s more, we are only just taking the first tentative steps in our understanding of it.

One thing is certain; evidence keeps emerging of the dangers of sport-related brain injuries.

Shane Tuck in action for Richmond in 2012.Credit: Fairfax Photographic

In this climate the Victorian Coroners Court is considering the death of the former AFL player, Shane Tuck. Last week, ruling against the family’s wishes, Judge John Cain indicated he would not investigate what Richmond should or should not have done in treating Tuck on and off the field.

This narrowing of the issues is a mistake and occurs just as administrators from all major sports (and especially collision sports like all codes of football) are rushing to understand the short and long-term effects of concussion on players that can lead to chronic traumatic encephalopathy (CTE) a fatal degenerative disease of the brain.

CTE can only be determined at autopsy. It was present in Tuck and also other AFL stars, Graham Farmer and Danny Frawley.

The Coroners Court is unique in our system. Usually, a judge is a neutral umpire between two conflicting parties. A coroner plays an active inquisitorial role to find the manner and cause of a death.

After hearing all the evidence, the coroner delivers their findings and, importantly, often makes recommendations about how organisations might change their behaviour so that in the future similar deaths might be avoided. In other words, they directly affect public health and safety and can save lives in the future.

The scope of the inquest is up to the coroner. Unfortunately, in this case Judge Cain has rejected an expansive view that would allow a great deal of expert evidence to be given – not to lay blame but to improve our understanding of how collision sports can affect players’ health in the most profound and shocking way.

For example, did the old-fashioned footy ethos to not even appear to be injured (even if concussed) and just get back in the game play any part in how Richmond treated its players? And did it contribute in any way to Tuck’s CTE?

Because this idea of bravery, glorified in footy culture, may in fact be the cause, years later, of great damage to people’s lives.

It’s an idea that should be – and soon will be – examined in open court.

How little we know of the human brain, one thing we can be sure of – that it is as amazing and resilient as it is delicate.

So, while we love the intuitive skill and the toughness of elite sport, it must not be at the expense of a player’s life.

The Shane Tuck inquest would be a perfect forum to broaden our knowledge of severe brain injury and save lives in the future. The coroner should expand its scope, not just for his family but for the benefit of us all.

Duncan Fine is a lawyer and regular columnist.