Kerr video.... I think he is gone....

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Serious Question.

Do you know for fact that the tribunal are bound by the MRP findings?
The defense can argue the grading down which the tribunal does if it
agrees, but can the tribunal upgrade the grading if they disagree with it?

As I understand it, the tribunal will look at the case presented to it. Which is usually a case for downgrading the MRP assessment.

I am aware that under the rules, there is the capacity for the AFL to appeal a decision and also for a matter to be referred directly to the tribunal without an MRP assessment.

I am not aware of either an instance or a rule that allows the tribunal to simply disregard all aspects of the MRP finding and start again. I do remember hearing something some time ago, where after a tribunal decision is heard, an appeal can be lodged and that matter is then "open season" - not sure if that is the case.

I would have thought that Josh Carr (for example) would have far greater trepidation in referring his matter to the tribunal if they had that power. As it stands he is right to have them hear it as there is no benefit in not doing so. He gets a week with an early plea or a week if they find him guilty - might as well have a crack. Clearly, if the tribunal could increase the penalty to 2,3, 4 weeks or whatever, then he may not be so keen to go there...
 

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Kerr video.... I think he is gone....

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