Carlton and Patrick Cripps successfully overturned a two-game suspension, and while the Appeal process drew the right conclusion, it now sets a dangerous precedent.
The journey to the final outcome was as drawn-out as ever.
Suspended on Monday, upheld on Tuesday, appealed on Wednesday, overturned on Thursday – Carlton and Patrick Cripps successfully reversed what was originally a two-game ban.
Cripps’ hit on Brisbane’s Callum Ah Chee, which saw the Lion subbed out of the game with a concussion, was deemed by the AFL’s Match Review Officer to be careless conduct, with high impact and high contact.
However, while the match review grading matrix is typically in focus during tribunal and appeal hearings, Cripps’ case boiled down to the simple definition of a bump.
Tuesday’s tribunal hearing found that Cripps had elected to ‘bump’ Ah Chee, rather than the incident happening within the course of play.
Cripps’ counsel, Christopher Townshend, was clear in arguing that a bump is a ‘decision’ a player makes, and while the Tribunal found Cripps guilty of bumping, they also found that Cripps and Ah Chee both had eyes for the ball and were contesting it fairly.
Townshend was also clear in mentioning that Cripps hadn’t been questioned during Tuesday’s tribunal hearing about choosing to bump, and therefore, the decision to uphold the suspension shouldn’t have been made.
It took 2 hours and 45 minutes of submissions, and nearly two additional hours for the Appeals Board to deliberate, finding that the Tribunal had come to an unreasonable conclusion and there had been an error in law in the decision to uphold Cripps’ suspension.
The Blues skipper is free to play in rounds 22 and 23, and based on the argument from his counsel, and the decision from the Appeals Board, rightly so.
But the decision sets a dangerous and ugly precedent for the rest of the league.
Ah Chee was subbed out of the game with a concussion and will miss the Lions’ Round 22 clash against St Kilda because of the incident. Many would argue, based on that outcome, that Cripps’ suspension should have been upheld upon the second appeal as well.
This is where the situation gets murky, as the incident clearly impacted Ah Chee as the player on the receiving end of Cripps’ hit.
Citing similar instances from this and past seasons, of which there are plenty, as well as the AFL’s strong stance on protecting the head, there’s a clear inconsistency.
Between the laws that resulted in Cripps being free, and what the decision perhaps should’ve been based on the outcome, it’s clear that the AFL needs to clarify and potentially even tighten the laws surrounding incidents like this, particularly given the increasing discussion surrounding concussions and their long-term effects.
The AFL has since approved the Appeals Board’s decision to let Cripps play, but has also stated that player health and safety is firmly in focus.
Cripps was rightly cleared to play, but how the league treats similar incidents in the future will be key.
