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The ‘error of law’ that freed Lion Cameron and Giant Bedford

By Andrew Wu and Roy Ward
Updated

In today’s AFL briefing, your wrap of footy news:

  • A four-hour flight carrying the Fremantle Dockers ran out of water 30 minutes after take off, according to a union.
  • Dustin Martin to miss again for the Tigers.
  • Adelaide forgives and forgets the drama involving star Bombers big man Sam Draper.

Cameron, Bedford have three-match bans overturned

Andrew Wu, Roy Ward

The Brisbane Lions and GWS have had the respective three-game bans for Charlie Cameron and Toby Bedford sensationally overturned at the AFL Appeal Board, both citing the same defence – that the initial tribunal had made an error of law.

In the Cameron case, the appeals board took just on half an hour to rule in favour of the Lions after finding that the tribunal had made an error of law by giving too much consideration to tribunal guidelines over the laws of the game regarding rough conduct.

Charlie Cameron is free to face the Swans.

Charlie Cameron is free to face the Swans.Credit: AFL Photos

Cameron’s verdict paves the way for him to line up against flag favourites Sydney at the Gabba on Sunday, a match the Lions must win to stay in the top four or risk falling out of the eight entirely should other results go against them.

It is the second time this season Cameron has dodged a suspension. Four months ago he controversially avoided a one-game ban on grounds of good character from not being suspended in his first 207 games despite three fines for rough conduct.

For Bedford, the appeals board referred to the same law of the game, 18.7, as the Cameron case did earlier in the evening.

The board found it could not substitute its own ruling in place of the tribunal so it dismissed the case.

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Anais d’Arville, representing Bedford, asked the appeals board to reconsider both the finding that Bedford should have released one of Tim Taranto’s arms in the tackle and also look at the grading of the incident as “severe” instead of “high” or “medium”.

“It’s a wholly unrealistic hypothetical that was not based on any evidence,” d’Arville said.

“Bedford said this simply would not have been possible due to lack of time.”

Most importantly, d’Arville also adopted a version of the argument from Cameron’s appeal, an argument he made more strongly after appeals board member Richard Loveridge asked the chair, Will Houghton KC, if he thought rule 18.7 had been properly addressed by the Giants.

“We ask that you rely on that previous matter along with my arguments - if you think the evidence supports it,” d’Arville said at the end of his case.

Lisa Hannon KC, representing the AFL, argued that the tribunal had considered whether the act was likely to cause injury by watching the video of the incident which showed Taranto being taken to ground and hitting his shoulder and head.

Richmond’s Tim Taranto is tackled by the Giants’ Toby Bedford.

Richmond’s Tim Taranto is tackled by the Giants’ Toby Bedford.Credit: AFL Photos

“It’s manifestly evident from the video in the context, that a leaping tackle meaning to bring a player starting to run to ground - an injury is likely,” Hannon said.

Thursday’s shock development has done little to offer clarity to players or the football public over what constitutes a dangerous tackle as the appeals board was not required to make a judgment on the specifics of Cameron’s tackle on West Coast’s Liam Duggan.

The Lions successfully argued the tribunal had made an error of law, which had a material impact on the case, saying it had “put the cart before the horse” by solely referring to tribunal guidelines to establish Cameron’s guilt without referencing the rough conduct law. Therefore, the Lions said, the tribunal had “inverted proper reasoning process”.

They said the tribunal had erred in not addressing which stage of Cameron’s conduct was likely to cause injury, which forms part of the spirit and intention of the rough conduct law.

“The tribunal reasoned backward from the conduct to conclude the conduct had a certain character to it,” Chris Winneke, representing the Lions, said. “We say it should’ve started by considering for itself what amounted to rough conduct.”

Hannon said that while the tribunal’s judgment made no explicit reference to the rough conduct law, it had been inferred in its explanation of how Cameron’s “excessive force” and pinning of both of Duggan’s arms had left the Eagle unable to cushion his fall, making the tackle “unreasonable in the circumstances”.

The three-person panel of chair Houghton and former players Wayne Henwood and Loveridge said the purpose of tribunal guidelines was to give assistance but it was an error for the tribunal to rely on it “wholly and solely”.

The tackle that resulted in Charlie Cameron’s suspension.

The tackle that resulted in Charlie Cameron’s suspension.Credit: Fox Footy

“It’s important that the laws of Australian football have primacy over guidelines,” they found. “Here law 18.7 very clearly states that not only must the conduct be unreasonable, but the conduct must be found to be likely to cause injury. The second element the tribunal was completely silent upon.”

Duggan had earlier expressed sympathy for Cameron over his suspension.

“A lot of the commentary from the playing cohort is just around the confusion of what a dangerous tackle actually is at the moment,” Duggan said on Triple M.

“It’s hard to know what’s a dangerous tackle and what’s not – and what are the right penalties for a dangerous tackle. I don’t know if it was that dangerous – I feel for Charlie a bit.”

Four-hour flight home goes down the toilet for Freo

A four-hour flight carrying an AFL team ran out of water 30 minutes after take off, leaving cabin crew scooping toilet waste into bins, according to a union.

The Fremantle Dockers were travelling back to Western Australia on a chartered plane after their loss to Hawthorn in Launceston on July 13 when the incident unfolded.

The Transport Workers Union’s WA state secretary Tim Dawson said the issue resulted in non-functional toilets and an “unsafe environment” for crew and passengers.

Fremantle players during last Saturday’s clash in Launceston.

Fremantle players during last Saturday’s clash in Launceston.Credit: Getty Images

“This situation is utterly unacceptable and demonstrates a glaring neglect of duty of care towards both our members and the passengers they serve,” he said.

“Our cabin crew members should not be subjected to such hazardous working conditions and passengers should not have to endure such distressing experiences.”

A National Jet Express spokesperson said the incident is being taken “very seriously”.

“NJE is aware of the situation on board a Launceston to Perth charter flight recently and is conducting a thorough investigation into the incident to ensure any failings are addressed immediately,” the company said.

Fremantle Football Club were contacted for comment.

The flight incident followed the Dockers’ loss in Tasmania being beaten by Hawthorn 87-74 last Saturday.

AAP

Dustin Martin’s season has been derailed by a persistent back complaint.

Dustin Martin’s season has been derailed by a persistent back complaint.Credit: AFL Photos via Getty Images

Dustin Martin sidelined again with ‘crook back’

Frustrated Richmond superstar Dustin Martin will miss a third consecutive AFL match as he struggles to overcome a lingering back injury.

Martin was substituted out of Richmond’s June 30 loss to Carlton with back spasms and has already missed games against Fremantle and GWS.

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On Thursday, coach Adem Yze ruled the triple Norm Smith medallist out of Saturday’s clash with Port Adelaide at the Adelaide Oval.

“It’s a bit of a frustration for us,” Yze said.

“We were hoping he was going to get up for training today. His back’s still a little bit grumbly. So if we get him out there today, he’s probably going to aggravate it again.

“So it’s just easier for us to just rule him out this week, and try and get some training load into him the following week.

“He’s got a crook back at the moment – it spasms. So right now, if we go and try and push him through that, it could aggravate it.

“We’ll give him that extra time to hopefully get up next week.”

Martin has been frustrated by his interrupted season, amid ongoing speculation he could move to Gold Coast or retire.

“Right now the frustration is not only that (he can’t play), but he can’t train to ... get prepared for the next game,” Yze said.

“So when that is, hopefully it is next week, we just need to get some volume into him. So hopefully, he has a nice week next week.”

Yze was confident Richmond could get a block of games into Martin but wouldn’t look beyond next Sunday’s game against Collingwood.

“The main thing is just getting him back and playing one game, let alone the rest of the season,” he said.

Yze laughed off a joke he might have to confiscate Martin’s golf clubs to help the 33-year-old recover.

“No, I haven’t,” he said. “It’s actually been very good for him for the last couple years, taking up something outside of footy. And not only that, he connects with our players.”

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“So he’s been able to play with Rhyan Mansell and some of our younger players. For them to go and walk 18 holes with one of the best players to ever play the game – not golf – that’s been great.”

Richmond will also be without Tim Taranto, who was concussed last week, while Yze praised Richmond’s fitness staff after luckless midfielder Dion Prestia performed strongly against GWS on his return from a calf injury.

Yze said he was unfazed by reports in-demand midfielder Liam Baker had met with Fremantle as the West Australian contemplates his future beyond this season.

AAP

Crows hold no grudge against Draper

Adelaide insist they have no pent-up animosity towards Essendon ruckman Sam Draper ahead of Friday night’s AFL fixture.

Crows coach Matthew Nicks said his club rapidly moved on from the final-second flashpoint involving Draper in the Bombers’ three-point win in Adelaide in April.

Crows players react with frustration after a holding the ball decision was not paid against Essendon’s Sam Draper in the dying seconds of their round-six match.

Crows players react with frustration after a holding the ball decision was not paid against Essendon’s Sam Draper in the dying seconds of their round-six match.Credit: Fox Footy

The AFL admitted an umpiring error when Draper wasn’t penalised holding-the-ball, which would have given the Crows a post-siren shot at goal.

The big Bomber theatrically re-enacted his flop while celebrating with teammates on Adelaide Oval.

“We move on pretty quick from that sort of thing,” Nicks said on Thursday.

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“We look at a lot of games where we’ve played against teams in the past ... what we did well and what we didn’t do well, areas we’ve got to be better at.

“And the last couple of games versus Essendon we got a few things wrong, especially last season at Marvel [Stadium] ... they put us to the sword last time early.”

The Crows have lost their past four games against Essendon at Marvel Stadium in a stretch dating to 2017, the last year Adelaide played finals.

Adelaide have lost six of their past eight games to all clubs at the Melbourne stadium

But Nicks said he took valuable lessons from last year’s encounter with the Bombers which started as a shootout: the hosts booted seven goals in the first term en route to an 18-point win.

“We were passive last time,” Nicks said.

AAP

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Original URL: https://www.watoday.com.au/link/follow-20170101-p5juqt