Ovens and Murray: Wangaratta appeal against losing 2022 premiership fails

The Ovens and Murray league’s call to strip Wangaratta of the 2022 premiership for busting the salary cap will stand. Read the club and league reaction.

The Ovens and Murray Football-Netball League’s decision to strip Wangaratta of the 2022 premiership for a salary cap breach will stand following a marathon appeal process.

The AFL Northeast Border region appeal committee on Thursday finally handed down its decision on Wangaratta’s appeal against the O&M board call, made on the eve of the season.

“The (committee) determined that the sanction imposed by the OMFNL was reasonable in the circumstances,” a statement said.

“AFLNEB considers that the region appeal process was fair and equitable for both parties.”

The appeal took the form of two rounds of written submissions before “extensive deliberations” to reach a decision.

The reasons for the committee finding in favour of the O&M have not been made public.

But under AFL rules, the appeal committee is “not obliged to give any reasons for any decision it makes”.

Wangaratta has lost a battle to reclaim to the 2022 premiership. Picture: Yuri Kouzmin

Wangaratta was able to retain the flag it won last year against Yarrawonga when the initial round of sanctions for the breach were handed down in mid-March.

But on the eve of the 2023 season, the O&M board ruled the salary cap breach broke the rules and had to act.

League chairman David Sinclair said the appeal decision “was in no way being considered as a win”.

“Situations of this nature cannot be measured on a scoreboard,” he said.

“In time, it will hopefully be acknowledged that the integrity of the competition was the league’s primary focus at all stages.

“With all the relevant information received, it had no alternative but to act in support of its own rules, the AFL Victoria allowable player payment rules, and all OMFNL member clubs.

“The OMFNL acknowledges with the greatest respect the stresses that have been placed not only on the Wangaratta players, volunteers, and supporters throughout this period, but all stakeholders of the competition.

“The OMFNL is hopeful that the focus can now shift towards what has been an exciting season of football and netball as it continues to unfold.”

Wangaratta remains upset the matter didn’t end with the original sanctions handed down by AFLNEB.

“We accepted the findings of the AFLNEB disciplinary committee as the final and binding resolution,” Magpies vice-president Jon Henry said.

“We are deeply dissatisfied with the fact that two different governing bodies have issued rulings on the same offence.

“The unprecedented secondary punishment imposed was manifestly excessive when compared to other clubs experiences under similar circumstances.”

Torquay didn’t lose its 2018 Bellarine league premiership when found guilty of salary cap breaches, but was fined and lost player points, similar to Wangaratta.

WANGARATTA SALARY CAP TIMELINE

September 25, 2022: Wangaratta survives a late shot on goal from Yarrawonga’s Jesse Koopman to win the Ovens and Murray league grand final by three points.

It is the first premiership awarded since 2019 due to two years of Covid interruptions.

Wangaratta’s Callum Moore is awarded the Did Simpson Medal for best-on-ground and the grand final is the last match Joe Richards plays for Wangaratta before he is drafted by Collingwood in late November.

Joe Richards in last year’s Ovens and Murray grand final. Picture Yuri Kouzmin

October-December: Wangaratta is the subject of an “integrity review” of its allowable player payments. Ovens and Murray clubs have a $125,000 salary cap.

Early March 2023: Based on evidence uncovered in the review, AFL Northeast Border charged Wangaratta for three breaches of salary cap rules.

They were: failing to lodge player declarations or non-declared player statements correctly and exceeding the cap of $125,000.

The matter is referred to a disciplinary committee, but confirmation of the charges being laid was not communicated publicly.

March 17: AFLNEB announces penalties of the breach handed down by the disciplinary committee.

For breaching the cap, the club was fined $28,000, its senior team was ineligible to receive premiership match points for the first two home and away games of the 2023 season, and total team points for the 2023 season was reduced from 40 to 36.

Wangaratta was able to retain the 2022 premiership.

Reprimands were given for not lodging player declarations or non-declared player statements correctly.

In a statement issued on March 17: “AFLNEB acknowledges that the (club) has also self-reported the overpayments, which has resulted in the club exceeding the cap, once the error had been identified and has co-operated with the integrity officer in the conduct of the review.”

Wangaratta confirms that in December it “self-reported an overpayment due to an administrative error. The breach was rectified once identified and the club has fully co-operated with the integrity officer throughout the review”.

Wangaratta expressed disappointment at the “severity” of the sanctions, but planned to “move on”.

March 20: AFL Victoria confirms to The Weekly Times additional details of the breach. A player received extra payments and pushed the club over the $125,000 salary cap.

“The ($28,000) fine amount reflects how much the club exceeded total player payments cap by,” an AFL Victoria spokesman said.

“The club also failed to name all players who received remuneration for playing.”

March 27: The O&M board meets and strips Wangaratta of the senior premiership because the salary cap breach also broke league rules.

“Where a breach is proven, innocent mistake or otherwise, the league simply cannot award a premiership where sanctions are handed out that bring into focus the integrity of the competition,” league chairman David Sinclair said.

Yarrawonga rules out wanting the flag taken from Wangaratta.

March 30:The Weekly Times reveals every team that plays off in a grand final in 2023 will be the subject of a salary cap audit.

Previously clubs were chosen at random for a salary cap audit, but AFL Victoria confirms it has started a recruiting drive for suitably qualified integrity officers to cope with the additional checks.

There are more than 50 country football leagues in Victoria and 100-plus audits to be carried out later in the year.

April 7: Wangaratta loses the first match of the season to arch rival Wangaratta Rovers. Still unable to earn points, Wangaratta loses its second round match to Wodonga.

Yarrawonga defeated Wangaratta in the grand final replay in mid-April. Picture Yuri Kouzmin

April 22: Wangaratta plays Yarrawonga in the round 3 grand final replay, but in the first match it can earn points, Wangaratta is beaten by 31 points.

A week later it recorded its first win of the season against North Albury.

May 5: After weeks of deliberation, Wangaratta is given the chance to appeal against the O&M decision not to recognise its 2022 premiership.

The identity of the three-member panel remains top secret with the two parties not required to attend in person.

Written submissions are called for with the Magpies needing to prove an error of law was made by the O&M, the call to take the premiership off them was too harsh or natural justice denied.

June 3: The date set for an outcome on Wangaratta appeal. But the appeal committee requests more time.

On the field, the Magpies climb to a season-high second spot on the ladder.

June 9: AFL Victoria confirms a further delay. A short statement is issued: “The matter is complex, and the subject is critically important”.

June 15: Wangaratta’s appeal is dismissed following two rounds of written submissions and “extensive deliberations” by the committee. No details are given why the matter took so long with the appeal committee “not obliged to give reasons for any decision it makes” under the AFL’s rules for community football.