AFL considers appealing Toby Greene’s three-match ban for umpire contact
Jonathon Brown was left perplexed by Greene’s party pleading not guilty suggesting Toby needed to lay himself “at the mercy of the tribunal”. Here is why.
The AFL is considering appealing the three-match suspension of Toby Greene for his bump on umpire Matthew Stevic.
AFL CEO Gillon McLachlan said he’s finding the ban “personally hard to reconcile” and thought the act deserved more than the three-week penalty handed down by the tribunal.
McLachlan refused to go into more detail but said the league was considering its appeal rights.
“I guess I welcomed the tribunal verdict that it was intentional conduct and handing down a sanction,” McLachlan said.
“If I am honest I find it personally hard to reconcile how it can be intentional, aggressive and disrespectful.
“It was found to be all those things and then only get three weeks. We asked for six weeks and I am finding it personally hard to reconcile how it can only be three weeks.
“As the CEO of the league I am saying community leagues and others, I find that decision perplexing.
“I have spoken to the lawyers about our appeal rights, clearly. They are looking at that at the moment.
“You have got my view on it, I respect the tribunal, they do a good job. I have asked the lawyers for a view on that.
“Tonight or tomorrow, we won’t muck around. You don’t appeal lightly. I will get some advice on that and contextualise it and make a decision as quick as we can.”
It comes after the tribunal slapped Greene with a three-match ban for intentionally contacting umpire Matt Stevic and he will take no further part in the finals.
The Giants and Greene were due to fly to Perth from Launceston on Tuesday afternoon ahead of playing Geelong in a knockout semi-final on Friday night.
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Whether the dual All-Australian’s suspension stretches into next season will depend on whether Greater Western Sydney reaches the grand final or not.
The Giants have already accepted the ban, with football boss Jason McCartney confirming they would not challenge the findings.
“As a club, we maintain that umpires are sacrosanct and we understand the importance of the role they play in our game,” McCartney said.
“They are to be respected at all times by everyone, across all levels of the game.
“We know Toby also feels this way and is very remorseful for what we believe was an avoidable accident.
“We thank umpire (Matt) Stevic for the context he provided today and will now look to put the matter behind us, as we look forward to Friday night’s game against Geelong.”
Greene apologised again for his actions, but repeated it was not his intention to make contact with Stevic at the last break of Saturday’s elimination final win over the Sydney Swans.
“I acknowledge contact was made with umpire Stevic as I walked to the three-quarter time huddle during Saturday’s game and I regret this accidental contact occurred,” Greene said.
“I apologise again to Matt for this accident, as I did earlier today during the tribunal hearing. It was not my intention to make contact with Matt while we were engaged in discussion at the time.
“I have complete appreciation for the role umpires play in our game and understand how critically important it is that they are respected at all times.
“I accept the determination of the tribunal and will now look to support my teammates in any way I can ahead of this week’s game.”
Greene’s penalty is a hammer blow to the Giants’ chances of upstaging the Cats for the second time in a month – and their premiership hopes beyond that.
His contact with Stevic occurred shortly after the three-quarter time siren of Saturday’s elimination final against the Swans and sparked a media storm in recent days.
Jury members Richard Loveridge, Stephen Jurica and Shane Wakelin found Greene’s actions to be aggressive, demonstrative and disrespectful and therefore him guilty of intentional umpire contact.
Greene’s ban was only half of what the AFL’s legal counsel Jeff Gleeson requested before chairman Ross Howie revealed the sanction, with Gleeson describing the incident as a “moment of madness”.
“This is a serious offence and a serious moment in the governance of the game,” Gleeson said.
Greene’s representative, Ben Ihle, tried to argue for a significant financial sanction between $20,000 and $25,000, saying the lead-up media coverage of the incident would serve as a future deterrent.
In the marathon four-hour-plus hearing, Greene admitted his contact with umpire Matt Stevic was “not a great look” and apologised – but steadfastly refuted it was intentional.
Gleeson vigorously challenged Greene’s version of events throughout his questioning and final submission to the jury members.
He described Greene’s contact with Stevic as “insolent and contemptuous” and contended he actions were deliberate.
Greene repeatedly stated he was unaware contact was even made until Channel 7 commentator and ex-Hawthorn and Brisbane footballer Luke Hodge asked him post-match about the incident.
Ihle stated in his final submission that the contact should have been avoided but “that doesn’t mean he intended contact to occur”.
Previously unreleased audio of Greene and Stevic’s verbal exchange illustrated Greene saying, “He took a f---ing dive”, in reference to a reversed free kick against him to Swan Justin McInerney.
Stevic was earlier grilled for about 20 minutes on his understanding of what happened.
The experienced umpire, who has presided over eight grand finals, said he felt the contact was “minor” and didn’t report Greene, because he didn’t know if there were any extenuating circumstances.
Stevic also didn’t discuss the incident with his fellow umpires during the three-quarter time break.
It wasn’t until post-game that AFL umpiring department head coach Michael Jennings alerted him to the “attention” the Greene contact was generating, which Stevic understood as media coverage.
Jennings showed Stevic vision of the incident and instructed him to send him an email with his observations of what occurred, which was then forwarded to match review officer Michael Christian.
Within that email, Stevic wrote: “I considered the contact minor and didn’t feel threatened at the time.”
Stevic relayed a pre-game conversation with Greene, which included a discussion on where they were staying and even a joke about how well the Giant was handling the new stand on the mark rule.
Greene acknowledged the two of them had a good relationship.
However, Stevic said the incident wasn’t a good look for the game, he could see why people viewed Greene’s actions as demonstrative and that there was an “element” of him being disrespectful.
Greene’s now been found guilty 22 times throughout his AFL career, resulting in him missing 11 matches and paying almost $30,000 worth of fines.
Brisbane legend Jonathan Brown questioned why Greene and GWS pleaded not guilty, saying if Green decided to lay himself “at the mercy of the tribunal” there may have been a remote possibility he could have been available for a potential Giants grand final.
Brown, who himself had disciplinary issues on the field in the early stages of his career, said he was shocked that Greene and the Giants didn’t try to win some favours at the tribunal.
“That’s the one that surprised me the most,” Brown said on AFL 360.
“Toby should have walked in there and said ‘I’m pleading guilty for being a goose, I was hot under the collar’.
“And you just lay yourself at the mercy of the tribunal and potentially get off to play in a grand final.
“That was his only hope, because ultimately that was the goal. They would have known in their heart of hearts that there was a big chance that he was getting suspended.
“So the home run hit is to try and get him up for a grand final, potentially.
“(To) not even lay himself at the mercy of the tribunal and plead guilty, well, then you are going for the OJ Simpson miracle, you are looking for the glove that doesn’t fit and they couldn’t find that glove.”
Scroll down to recap the key moments from the hearing.
JURY MEMBERS ARE NOW DELIBERATING
Chairman Ross Howie has made it clear to tribunal members Richard Loveridge, Shane Wakelin and Stephen Jurica that they are considering whether Greene’s contact with Stevic was “aggressive, forceful, demonstrative or disrespectful”.
“If your answer to that question is ‘Yes’, there will be no further question. If you answer ‘No’, I ask you to consider a second question. If no, was the contact otherwise intentional?”
The tribunal jury members are now deliberating.
BEN IHLE’S FINAL SUBMISSION
Ben Ihle: “There may never be a case about the look. It is solely, singularly focused on what was in Greene’s head at the time, and the so-called look can only inform that question so much.
Ben Ihle: “What Mr Greene did is he put himself in a situation where contact became very likely. That doesn’t mean he intended contact to occur. They are different questions, different standards and it’s the difference between those two that warrants your careful consideration.”
AFL GIVES ITS FINAL SUBMISSION
Gleeson on Greene’s contact with Stevic in his submission: “It was insolent and contemptuous.”
Gleeson: “It’s implausible the reason he had to move through Stevic instead of around him is because he wanted to be heard. What was stopping Toby Greene from walking up to him and standing still?”
AFL GOES HARD AT GREENE
Jeff Gleeson: “It’s simply not true you didn’t intend to make contact with him?”
Toby Greene: “No.”
Gleeson: “In fact, moments before you make contact, you actually veer slightly closer to him?”
Greene: “No, I don’t think so.”
Gleeson: “Do you have any explanation for being so close to the umpire?”
Greene: “I was engaging in a conversation.”
Toby Greene has finished giving evidence. All parties are taking a 10-minute break, given chairman Ross Howie pointed out the hearing had already gone for one hour and 45 minutes.
WERE GREENE’S ACTIONS DISRESPECTFUL?
Ihle is now talking through with Greene how still images of the incident show his body goes from being parallel to Stevic to him turning as he makes contact.
Ben Ihle: “What do you say about your actions being disrespectful?”
Toby Greene: “I strongly disagree. I highly respect Matt.
Toby Greene: “I do apologise for making contact and it’s certainly something I wasn’t trying to do. I agree it’s not a great look for the game.”
WHY GREENE WENT TO STEVIC
Greene was unaware which umpire paid the free kick against him, but he asked Stevic about it because they have a good relationship.
Stevic earlier gave evidence the two of them spoke about 90 minutes before the match and even shared a joke about how well Greene had handled the new stand on the mark rule.
Greene said he doesn’t have that sort of pre-match conversation with all umpires.
Greene: “I disagree I was intending to make contact (with Stevic).”
TOBY GREENE IS NOW TAKING QUESTIONS
Greene says he was unaware he made contact to Stevic until Channel 7 commentator Luke Hodge asked him about the incident post-match.
ELEMENT OF DISRESPECT IN GREENE’S ACTIONS
Matt Stevic says on watching the vision post-match that it wasn’t a good look for the game, and that he could see why some people may view Greene’s actions as demonstrative and that there was an element of him being disrespectful.
STEVIC QUESTIONED ABOUT INCIDENT
Matt Stevic is answering questions from Jeff Gleeson and Ben Ihle. Stevic says he did not feel Greene was being abusive towards him in their verbal exchange and didn’t feel threatened from the “minor contact”.
STEVIC’S POST GAME EMAIL
Matt Stevic sent this email to AFL umpires’ boss Michael Jennings post-match on Saturday:
“Jenno, please see below my version of the incident at three-quarter time. Following the siren, Toby Greene was walking towards me as I stood stationary. As he got closer to me, he made a comment to me about an incident during the third quarter and said, “The player took a dive”. I was aware around this time Greene made some minor contact with me as he was walking by. I turned and responded to Toby, saying “No, two umpires paid it, it was high”. I considered the contact minor and didn’t feel threatened at the time. If you need anything further, please let me know.”
That email was then forwarded on to match review officer Michael Christian.
GREENE: HE TOOK A F---ING DIVE
The AFL’s legal counsel, Jeff Gleeson, will argue that Greene’s actions were “aggressive, demonstrative or disrespectful”, noting they are not mutually exclusive.
Gleeson has played audio of the exchange between Greene and Stevic. Stevic is heard to say: “I am happy to answer the question, that was fine. Two of us paid that one.”
The audio does not present what Greene said but he allegedly said, “He took a f---ing dive”. The tribunal jury members agreed they had heard Greene say this when listening privately.
Greene’s confrontation came moments after he gave away a reversed free kick for elbowing Swan Justin McInerny.
GREENE PLEADS NOT GUILTY
Toby Greene is pleading not guilty to the charges in front of him.
WHO WILL BE MAKING THE KEY DECISIONS?
Opinions differ wildly on the appropriate penalty for him, but everyone agrees the case almost certainly rests on umpire Matt Stevic’s evidence.
Greene’s bump on Stevic during three-quarter time of Greater Western Sydney’s one-point elimination final triumph over the Swans has dominated the news cycle.
Whether Stevic says the contact was “aggressive, forceful, demonstrative or disrespectful” will likely decide whether the brilliant forward is banned or cops a fine.
They were exchanging words at the time the bump happened, and the conversation continued after the contact, with Stevic not opting to report Greene on the spot.
Match review officer Michael Christian issued the charge the following day, sending the case directly to the AFL Tribunal.
Former AFL field umpire Derek Humphery-Smith told News Corp Australia that Greene’s actions didn’t warrant a suspension, whereas others have called for him to miss multiple games.
Greene’s been found guilty 21 times throughout his AFL career, resulting in him missing eight matches and paying almost $30,000 worth of fines.
The Tribunal chairman is Ross Howie and the tribunal members are Richard Loveridge, Stephen Jurica and Shane Wakelin.
Ben Ihle QC is representing Greene.
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HOW WILL THE GREENE TRIAL PLAY OUT?
Top lawyer Justin Quill looks at the best chance Toby Greene has to beat his ump-bump charge, as well as the case against the Greater Western Sydney hard nut.
THE CASE FOR TOBY GREENE
Toby Greene has to convince the Tribunal his contact with umpire Matt Stevic was not “aggressive, forceful, demonstrative or disrespectful”. Do that and the finding will likely be that it was just unnecessary/unreasonable contact – and that means only a monetary penalty.
Crucial to the Tribunal’s decision about whether those 4 factors existed – aggressive, forceful, demonstrative or disrespectful – will be umpire Matt Stevic’s evidence. So If I were Toby Greene’s defence team, I would absolutely try to find out which direction Stevic is leaning before the AFL Tribunal hearing.
Stevic’s evidence is the most important factor in this case and the Giants are allowed to speak with him. There is no property or ownership in a witness and this is not a court of law. I’m not suggesting Green’s team would or could coerce or threaten Stevic – that would be both wrong and counter-productive. The main purpose would be to find out what Stevic’s evidence will be. That will shape the way you present the case. If Stevic is on side, then from the very start you would argue his evidence is of the utmost importance. If Stevic is not onside, then you would open your case arguing the umpire’s evidence is irrelevant and the jury should make their own assessment based on the video and Greene’s intention.
You would focus the arguments on Greene’s intention and argue that’s what is crucial here – whether he intended those things, not how the umpire felt.
But without question, if GWS ascertains that Stevic did not find Greene’s contact during Saturday’s match to be “aggressive, forceful, demonstrative or disrespectful” then that will make the defence team’s job far easier.
The Giants would then likely be successful in arguing the contact was just unreasonable or unnecessary – rather than intentional – and a fixed monetary fine would almost certainly be the verdict.
If the jury members find that Greene’s actions intentional, a suspension and potentially a serious one will likely result.
If Stevic describes Greene’s contact as any one of “aggressive, forceful, demonstrative or disrespectful”, the Giants’ chances will plummet – not just in the Tribunal hearing, but probably in Friday night’s game.
THE CASE AGAINST TOBY GREENE
There is an important distinction to make on AFL legal counsel Jeff Gleeson QC’s role in this hearing.
Gleeson is there not to prosecute, like a crown prosecutor in a criminal case. Rather he is there to assist the AFL Tribunal to reach the right outcome.
This distinction is vital in highlighting the importance of umpire Matt Stevic’s evidence, which will almost certainly decide Greene’s fate.
Gleeson is unlikely to argue differently if Stevic’s evidence was that Greene’s actions weren’t “aggressive, forceful, demonstrative or disrespectful”. That would, in my view, be adopting too much of a prosecutor role.
Gleeson will definitely know which way Stevic’s evidence will go before the hearing starts.
If Stevic goes the other way and says Greene’s contact was any of those things, Gleeson will take that and run with it. He will argue the umpire’s view and the way he felt is the only view that matters. That is, for example, if he felt disrespected, he was disrespected. Let’s be frank, the vision doesn’t look good and Gleeson therefore has plenty of ammunition. He will likely point out that Greene could easily have stepped around Stevic. Highlighting how Greene’s teammate, Josh Kelly, who was walking close behind Greene, avoids similar contact could help emphasise that point.
***Justin Quill is a partner with major law firm Thomson Geer, which represents the Herald Sun
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