Demons Jacob van Rooyen two-match ban overturned in four-hour appeal
Demons rookie Jacob van Rooyen has learned his fate after the rookie faced the appeals board over his controversial two-match ban.
AFL
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The AFL Tribunal has overturned the controversial ban of Demons rookie Jacob van Rooyen on appeal.
Van Rooyen was handed a two-week ban on Tuesday after fronting the tribunal after his attempted spoil on the Gold Coast’s Charlie Ballard saw him collect his opponent in the head with his right arm.
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Brisbane champion Jonathan Brown said the suspension threatens to change the fabric of the game while AFL 360 host Mark Robinson said the ban was “rubbish”.
At the time, AFL Tribunal chair Jeff Gleeson ruled: “We find his objective at the moment of, and prior to impact, was to spoil the mark. However, we also find that a reasonable player would have foreseen that in spoiling the way he did, it would have almost inevitably resulted in a forceful blow to Ballard’s head.”
Melbourne surprised no one by appealing but in a marathon four-hour hearing, van Rooyen has been cleared to play against Hawthorn on Saturday.
The Demons, represented by Will Houghton KC, argued against the directions given by Gleeson on Tuesday.
“We submit the Tribunal was wrong in law, because it sought to limit the true operation of the rule (18.5.3, Incidental contact in a Marking contest will be permitted if the Player’s sole objective is to contest or spoil a Mark),” Houghton said.
“The rule is there to protect a player whose sole objective is to either contest the mark or spoil the mark.
“He went and spoiled the mark, using an outstretched arm and fist to punch the ball away. That should’ve been the end of the matter.
“Van Rooyen was found to be an honest player, who told an honest story about an incident in which he achieved the objective every player should be able to achieve: To spoil a mark.”
The AFL was represented by Andrew Woods KC, who argued the Demons had accepted the Tribunal’s interpretation on Tuesday.
He also argued that if the appeal succeeded then players would “essentially have a blank cheque” and would have “no obligation to take reasonable care of their fellow players, so long as their sole objective is a lawful action.”
After over two hours of deliberating, the Appeal Board chair Murray Kellam found: “Law 18.5 refers only to incidental contact and makes no mention of unreasonable contact.”
He added: “We recognise that the concerns expressed by the Chair of the Tribunal about an extreme characterisation of incidental contact have validity and that concern is, in our view, well justified.
“However, that does not permit us to interpret rule 18.5 as containing additional words, or to introduce exceptions into the meaning of law 18.5, which is not supported by the text nor, as far as we can ascertain, the spirit and intention of law 18.5.
“It’s not for this board to redraft the laws of Australian Football in circumstances whereby the meaning of the law is clear on the face of it.
“Accordingly, we conclude that ground one of the appellants notice of appeal succeeds. It’s not necessary for us in those circumstances to determine ground two.”
My faith is restored ðð»
— Stephen Quartermain (@Quartermain10) May 11, 2023
Iâm officially back in love with footy.
Jacob van Rooyen @melbournefc@AFL is cleared to play.
Jacob van Rooyen hit Charlie Ballard a bit after 7pm on Saturday. At 9pm on Thursday we finally hear heâs cleared to play. I feel thereâs room to sharpen up this process a touch?
— Rudi Edsall (@RudiEdsall) May 11, 2023
Thank goodness Van Rooyen got off. Commonsense prevails. #AFL
— Bob Well (@aewells1985) May 11, 2023
It comes after the AFL world revolted over the initial decision.
Demons coach Simon Goodwin said the day after the original decision: “Clearly, the laws state that you can contest the ball, and Jacob’s only thing that he was looking at was contesting the ball. The fabric of the game has been challenged, clearly.”
Collingwood great Nathan Buckley also thought the charge was over the top.
“This is the old, ‘do the whole competition a favour, Melbourne, and contest this and get the kid off’. I don’t think that he should go for that,” Buckley told SEN.
“Having to go back with the flight, you’re not always going to be able to get your eyes back to the ball. You’re looking for the hands of the opponent and you’re trying to get your fist to the hand so you can intersect and hit the ball.”
Originally published as Demons Jacob van Rooyen two-match ban overturned in four-hour appeal