AAP2 Minute Read
Hawthorn captain James Sicily has failed in his bid to overturn a three-match ban for the dangerous tackle that led to Brisbane Lions midfielder Hugh McCluggage’s concussion.
Sicily was suspended by the tribunal last week after the match review officer graded the round-13 incident as careless conduct, severe impact and high contact.
At an appeal board hearing on Monday night, Hawks legal representative Will Houghton argued there were “several errors of law” and a “serious breach of procedural fairness” in the tribunal hearing.
Houghton also claimed evidence provided by the biomechanist the Hawks called on at the tribunal hearing was ignored by the tribunal panel.
“The tribunal’s finding was unsound,” Houghton said.
“It was unsound because of areas of law, and it was unsound because no tribunal acting reasonably could have come to that conclusion.
“Sicily had no opportunity to meet the case upon which he was convicted.”
AFL legal representative Lisa Hannon argued there was “no relevant material error of law” in the process.
“The tribunal, comprised of experienced players, was well positioned to form its own view as to whether Sicily could’ve done anything differently,” Hannon said.
The appeal board found no error of law in the tribunal’s process and dismissed all five grounds for appeal at the conclusion of a hearing that lasted more than three hours.
“We accept that this is a difficult case and of course we accept, as submitted by counsel for the AFL, that reasonable minds may differ in such circumstances,” appeal board chair Murray Kellam said.
“However, having regards to the evidence available and in particular the video evidence … we’re unable to come to the conclusion that the tribunal came to a decision that was so unreasonable that no tribunal could have come to such a decision.”
Sicily will miss Hawthorn’s matches against Gold Coast, Carlton and GWS.
It is the second time in three weeks Sicily has been suspended, following his one-match ban for striking St Kilda’s Anthony Caminiti in round 11.
Also on Monday, Carlton forward Matthew Cottrell was handed a one-match suspension for his dangerous tackle on Gold Coast’s Ben Long.
The incident, which occurred during the last quarter of the Blues’ big win on Sunday, was graded as careless conduct, medium impact and high contact.
Carlton have until Tuesday to decide whether to take the case to the tribunal.
GWS accepted Lachie Whitfield’s one-match for a dangerous tackle on Fremantle’s Jordan Clark.
Whitfield will miss the Giants’ clash with Melbourne after their bye.