Viney verdict down to yes or no

Written By Unknown on Rabu, 07 Mei 2014 | 18.48

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PUTTING aside your views on the incident itself, the three-man jury at the AFL Tribunal had no choice but to suspend Jack Viney.

In the hearing room on Tuesday night it felt as if things started well enough for Viney and his defence team, led by player advocate Iain Findlay, in the attempt to beat the charge of engaging in rough conduct on Adelaide's Tom Lynch.

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Melbourne's Alex Georgiou — the third piece of a 260kg sandwich — said he and Lynch were running at "near full speed" and that it was their forward momentum which carried them into a "stationary" Viney.

Georgiou and Findlay also stressed that in tackling Lynch, Georgiou had lowered the height of the pair by dropping his knees, which in turn caused the contact between Viney and the Crow's jaw. Viney conceded the "back of my shoulder ends up with contact with (Lynch's) jaw".

Melbourne footy manager Josh Mahoney talks to the media after Jack Viney was found guilty and suspended for 2 weeks on a rough conduct charge. Pic: Michael Klein. Source: News Corp Australia

Then Viney, under questioning from Findlay, said: "I felt like I had a reasonable opportunity to win the football.

"But the moment that it bounced in Tom's favour I pivoted on my right foot ... and braced myself for impact once I saw Georgiou and Lynch running at full pace.

"Not at any stage was I trying to bump him, I was purely just trying to brace myself for impact."

It was noted that Viney had been "coached" during the pre-season to turn his body in order to better protect himself against injury as he had been concussed three times during his short AFL career.

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A key point came when Viney — answering AFL counsel Jeff Gleeson SC — conceded he was running in a straight line only to then turn into the path of Lynch while pivoting.

If he had held a different line — both on Saturday and Tuesday night — the result of the case may have been different.

So if Viney did turn into the path of Lynch, Gleeson asked, was there another alternative?

In other words, could Viney have simply moved out of the way?

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Gleeson: "Leave aside the question of whether a footballer should do that. But once you realise that you can't take the ball could you have simply continued on your path and avoided contact entirely? You explain you pivot and brace. A player of your skill and speed and agility could have pivoted off that right foot and just spun out of the way?"

Viney: "Yeah, I could have spun if I had a bit more time, I reckon. But ... there wasn't a lot of time to really think about complex manoeuvres like spinning around. So I could have turned left or right. I chose to turn right because it's my predominant side."

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Then with a simple "Correct", Viney conceded that, in bracing for contact, he was not contesting the ball in the split second before impact.

In his final submission to the jury Gleeson said Viney's actions were "fully voluntary" because he was "unaffected by other physical contacts".

But he also gave the jury wiggle room when he said: "It's open to you to find that he engaged in a bump, but it's similarly open to you to find that he braced for contact".

So, as put by the tribunal chairman, retired County Court judge Ross Howie, before the jury adjourned: "The question really that you (the jury) are asked to decide is whether Jack Viney negligently engaged in rough conduct against Tom Lynch. So your answer to that will be either 'yes' or 'no'."

The answer was yes.


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