Essendon’s counsel Ben Ihle stated the penalty for Shiel’s actions needs to be, at worst, a high-quality. They then proceed to drill down into the semantics and meanings of tough conduct.
He current a really legal-heavy argument. In brief, he argued on the focus needs to be on O’Connor, not Luamon Lual.
“It’s clear in our submission that the evinced intention is the safety of opposition gamers, and subsequently the invitation that the AFL has prolonged to the tribunal to look past O’Connor and take a look at the incidental penalties by Shiel’s conduct to a different participant is misconceived,” he stated.
“This a state of affairs that the foundations don’t cowl,” he continued.
“What does that imply within the penalties of this case? It signifies that when one comes to contemplate tough conduct, Shiel’s conduct as in opposition to O’Connor. And when one comes to contemplate – if the tribunal is of the view that that’s unreasonable within the circumstances – what flows from it on account of an applicable classification in response to a give attention to O’Connor, not Lual.”
Phew.
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