Lachie Neale has changed his defence after accepting his gut punch on Hawthorn star Jack Ginnivan was intentional.
The Brisbane Lions star argued his exemplary record should see his one-week suspension downgraded or postponed until next season.
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An Appeals Board is considering Neale’s argument after denying the chance for new video evidence of the incident to be considered.
It was understood previously unseen footage would be taken into account that “hurts, rather than helps” Neale’s case.
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But after accepting responsibility for a gut punch on Ginnivan, Neale and Brisbane instead argued his punishment should be downgraded given he is set to miss the grand final.
Neale’s new defence
Brisbane’s representative at the Appeals Board hearing, Adrian Anderson, described Neale as one of the “best and fairest players ever” as he argued his case.
He suggested Neale’s exemplary disciplinary record ought to be considered in determining whether his punishment should be downgraded.
Anderson hailed Neale’s record as “close to unicorn”, arguing his 320 games without suspension, as well as his two Brownlow Medals and club best and fairest awards, “puts him in extremely rare air”.
It was also pointed out that Neale’s strike did not leave Ginnivan injured, with Anderson calling it an “error in judgement”.
Brisbane argue that appeal did not consider the fact Neale would miss such an important game as the grand final, with the suspension set to deny the midfielder the chance to play in a historic game, and his attempt to win three grand finals in a row.
Secondary video footage
New vision emerged on Thursday of the incident from Champion Date – an analytics company that provides statistical data to the AFL.
According to SEN, previously unseen footage of Neale’s gut punch “hurts, rather than helps” the star’s case of being cleared to play against the Dockers.
Brisbane are instead relying on the “exceptional and compelling circumstances” clause to save their star man.
It is the same clause which saw the punishment for Collingwood’s Scott Pendlebury reduced following his strike earlier this season.
Appealing the ruling by the tribunal, Brisbane argue an error of law, an unreasonable decision, a manifestly excessive classification, or a manifestly excessive sanction was made.
If the Appeals Board decides against Neale, he will be denied the chance to help Brisbane attempt to win three successive grand finals.
It will also mean he has almost certainly played his final game for the club, with an off-season move to the Pies on the cards.
Despite the ongoing scandal surrounding his ban, Neale is in Melbourne for the MCG clash with Fremantle.
He addressed the media and shared his thoughts following the tribunal’s decision on Tuesday.
“The club and myself have decided to appeal the tribunal’s decision, obviously very hopeful that that’s successful,” he said.
“Regardless of the result (at the Appeals board), I’ll be here to support the boys and the club this week.”
While the Lions had a three-pronged argument to have the suspension overturned, the most extraordinary twist came when Neale told the tribunal he had spoken with Ginnivan over the phone earlier on Tuesday.
In its in 1657-word finding, the AFL tribunal said Neale’s testimony was only “hearsay” — the most brutal word to emerge from the hearing.
Veteran footy reporter Caroline Wilson said on Channel 7 on Tuesday Ginnivan had done “the best he could to help Neale get off”.
The tribunal panel of Jeff Gleeson KC, Darren Gaspar and Scott Stevens showed they clearly thought little of Neale’s testimony as Gleeson explained why the charge was upheld in a statement released by the AFL.
“We place little weight on the hearsay evidence from Neale about Ginnivan having said to him in a phone call today that he felt it was more like a bump or a bodycheck,” Gleeson said.
“No application was made to call evidence to this effect from Ginnivan and there was no opportunity for the hearsay evidence from Neale to be tested in cross examination of Ginnivan.
“Neale’s evidence was that he did not clench his fist, and there is no video evidence of sufficient clarity to the contrary.”
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