Hawks appeal hearing 5:30pm Thursday - APPEAL DISMISSED

[Woodside Hawk]

HAWTHORN has lodged an appeal against Lance Franklin's two-game suspension.
Franklin was rubbed out by the tribunal last night for a high hit on Ben Cousins.

Hawthorn has appealed on the basis that there was an error in law and that no tribunal acting reasonably could have reached this verdict on the evidence before it.
http://www.news.com.au/heraldsun/sport/afl/story/0,26576,25982380-19742,00.html

This will be interesting!

 

[Gary Shadforth]

Re: Hawks confirm appeal - hearing 5:30pm Thursday

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Thanks, WH. You are on the ball .

 

[Gene Simmons]

Re: Hawks confirm appeal - hearing 5:30pm Thursday

If the appeal is not succesful? Does Buddy risk anymore weeks? or is there no risk in appealing.... apart from obviously costing the club some serious $ ?

 

[Gary Shadforth]

Re: Hawks confirm appeal - hearing 5:30pm Thursday

If the appeal is not succesful? Does Buddy risk anymore weeks? or is there no risk in appealing.... apart from obviously costing the club some serious $ ?

Interesting questions, Gene. If the answers are yes, how much more do the club and supporters have to take?

 

[HolyRioli]

Re: Hawks confirm appeal - hearing 5:30pm Thursday

Nah, if the appeal is unsuccessful, then that's it. No further punnishment

 

[Gary Shadforth]

Re: Hawks confirm appeal - hearing 5:30pm Thursday

Nah, if the appeal is unsuccessful, then that's it. No further punnishment

PHEW!! Thanks, Holy.

 

[AC for PM]

Re: Hawks confirm appeal - hearing 5:30pm Thursday

$10k i think it costs - refunded if the appeal is successful.

 

[sgbn77]

Re: Hawks confirm appeal - hearing 5:30pm Thursday

So, I'm assuming:

(a) this can go no longer than the night in question? (ie. is there a chance that the tribunal has to suspend a decision until more time is arranged...and Buddy is free to play this week?

(b) Buddy will play poorly this week (similar to Big Bad Barry in the GF years ago) because he'll be emotionally drained from the whole week?

 

[Gary Shadforth]

Re: Hawks confirm appeal - hearing 5:30pm Thursday

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I cancel my PHEW!!

 

[Gilbert_Hodge]

Re: Hawks confirm appeal - hearing 5:30pm Thursday

This is great news for not only Hawthorn fans, but for footy in general.

 

[DannyJ]

Re: Hawks confirm appeal - hearing 5:30pm Thursday

I think it stays the same. Unless the were able to prove Buddy was 'intentional' instead of negligent which would give him more activation points (which is no chance in this case).

Just 10k or so to appeal.

If we argue well, we should get him off, no court or appeals board could seriosly suspend a player for a 'reasonable' act.

He has to get off, not only for football, but for human intelligence.

 

[HawksILove]

Re: Hawks confirm appeal - hearing 5:30pm Thursday

Holy Shit! I can't wait till Thursday


WIN BUDDY

 

[Blueboys11]

Re: Hawks confirm appeal - hearing 5:30pm Thursday

He knocked a bloke out when he should of tackled..

Lucky to only get 2!!!!

Hopefully the appeal board throw this one out....

 

[Lance Uppercut]

Re: Hawks confirm appeal - hearing 5:30pm Thursday

am I right in thinking that, since they changed to this new structure, there has only ever been one successful appeal?

 

[Bayer_]

Re: Hawks confirm appeal - hearing 5:30pm Thursday

He knocked a bloke out when he should of tackled..

Lucky to only get 2!!!!

Hopefully the appeal board throw this one out....

If you're going to troll our board, at least use proper English you moronic teabagger.

 

[Gene Simmons]

Re: Hawks confirm appeal - hearing 5:30pm Thursday

So, I'm assuming:

(a) this can go no longer than the night in question? (ie. is there a chance that the tribunal has to suspend a decision until more time is arranged...and Buddy is free to play this week?

(b) Buddy will play poorly this week (similar to Big Bad Barry in the GF years ago) because he'll be emotionally drained from the whole week?

Each player reacts differently..

If you recall last year (coincidentally) before we played Bombers, those girls came out in the news and accused Buddy of assaulting them/throwing his drink on them and it was all over the news... BUDDY CAME OUT THAT WEEKEND & KICKED 9 GOALS against the Bummers

 

[Jayd19]

Re: Hawks confirm appeal - hearing 5:30pm Thursday

If we argue well, we should get him off, no court or appeals board could seriosly suspend a player for a 'reasonable' act.

Unfortunately, this is not correct.

The rule expressly says reasonableness or otherwise is not relevant.

This was an amendment following the Maxwell case and is designed precisely to avoid a repeat of the Maxwell decision which was based on Maxwell's conduct being reasonable.

The appeals board cannot override the rule.

Good on the Hawks for trying but I reckon we have more chance of wining the GF this year than this appeal has of being successful.

 

[Hawk88]

Re: Hawks confirm appeal - hearing 5:30pm Thursday

On thursday night will we know for sure if Buddy is playing or not??? or could this go into friday or even later?

Even if Buddy is emotionally exhausted from this week just having him there to contest and take 2 defenders is invaluable.

 

[thatswhatimtalkinabout]

Re: Hawks confirm appeal - hearing 5:30pm Thursday

He knocked a bloke out when he should of tackled..

Lucky to only get 2!!!!

Hopefully the appeal board throw this one out....

Here's the deal - everytime I want to hear the opinion of a pissant, I'll bang a drum okay - and then you can talk.

 

[LuvMyHawks]

Re: Hawks confirm appeal - hearing 5:30pm Thursday

Nah, if the appeal is unsuccessful, then that's it. No further punnishment

We have NOTHING to lose if we appeal. Sure, possibly cost the club $5000, but what the heck. The club can afford it. The appeals board cannot extend the suspension. We have to make sure that we have a very good QC..That's what lost us the appeal last night, they started talking law jargon, and that's where the Hawks got lost..Let's keep our fingers xxxx for a better result this time!!
I believe they can go to higher court of appeal if this one doesn't result in a win..I hope they do.
There is lot hanging on this decision..
Remember when the Swans went to court with Dunkley. Dunkley was able to play for two weeks, even though suspended, because the court case could not be heard until then..He lost, but that would give us two weeks with Buddy playing, which is possibly as far as we could go. But wouldn't that be a way of shoving it up Anderson & Co..There isn't a thing they could do about it, as a person is innocent until proved guilty!!

 

[DannyJ]

Re: Hawks confirm appeal - hearing 5:30pm Thursday

Unfortunately, this is not correct.

The rule expressly says reasonableness or otherwise is not relevant.

This was an amendment following the Maxwell case and is designed precisely to avoid a repeat of the Maxwell decision which was based on Maxwell's conduct being reasonable.

The appeals board cannot override the rule.

Good on the Hawks for trying but I reckon we have more chance of wining the GF this year than this appeal has of being successful.

Well, then no wonder we are setting up a meeting with Adrian Anderson.

That is a disgrace

 

[Hawk Dork]

Re: Hawks confirm appeal - hearing 5:30pm Thursday

The tribunal needs to recognise/allow for accidental contact.

 

[asanque]

Re: Hawks confirm appeal - hearing 5:30pm Thursday

Unfortunately, this is not correct.

The rule expressly says reasonableness or otherwise is not relevant.

This was an amendment following the Maxwell case and is designed precisely to avoid a repeat of the Maxwell decision which was based on Maxwell's conduct being reasonable.

The appeals board cannot override the rule.

Good on the Hawks for trying but I reckon we have more chance of wining the GF this year than this appeal has of being successful.

Whilst, I agree somewhat, I refer you to this thread:
http://www.bigfooty.com/forum/showthread.php?p=15511847

In situations where a rule is manifestly unjust, we just need to find a good reason for the appeals board to rule in our favour. Failing which, we need to challenge the rule itself.

No legal fight is straightforward, and you cannot put too much weight on the wording of a particular rule. Despite disclaiming 'reasonableness', I believe there are sufficient mitigating factors in this case to at least mount a persuasive argument. Obviously, the silk(s) retained by the Hawks agree.

 

[George Zip]

Re: Hawks confirm appeal - hearing 5:30pm Thursday

Very happy that the HFC has decided to appeal the decision, but in doing so, it's turned this case into a political hot potato for the AFL, and this worries me.

Buddy's bump has shed light on a dubious rule. The question needs to be asked: can the AFL afford to lose face over this? If not, then there's no chance in hell the pseudo-autonomous appeals board will overturn the two-week ban.

The AFL's credibility is worth considerably more than the success of one of its franchisees.

What recourse does the HFC have if the appeals board doesn't overturn the ban on Thursday?

 

[LuvMyHawks]

Re: Hawks confirm appeal - hearing 5:30pm Thursday

Could someone please explain to me what would happen, (according to the new rule) if for instance, Buddy was bending down, picking up the football, and say Cousins, running at full pace, made contact to Buddy's shoulder, and knocked himself out! Would Buddy get the blame for that too?.According to new rule, I guess Buddy would be suspended for that!!
There seems to be no room to move with that stupid rule!