AFL appeals board live: Damning new Neale footage may sink last gasp hopes
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Lions still not happy with new vision explanation
Anderson has now questioned why the AFL did not make enquiries into obtaining the Champion Data vision earlier given the public knowledge of how grainy the original footage was.
“No-one is permitted to obtain this vision unless they have the permission of the AFL,” he says.
“It would have been immensely preferable as far as the Lions and Mr Neale are concerned ... if they’d had the opportunity to view and address that vision at the tribunal hearing.”
Anderson has clarified with the appeal board that the Lions are not challenging the grading that the incident was intentional conduct, medium impact and body contact.
The AFL’s representative Woods KC believes it is “pretty amazing” the new vision was even able to be obtained.
Lions confused why new vision is only now available
The AFL has gone through a lengthy explanation as to why the appeal board should not overlook the new footage that has emerged thanks to the Champion Data trial that has been taking place at the MCG.
The Lions have hit back and asked why the new vision was not available when the two bodies met at the tribunal hearing on Tuesday.
“We don’t think that just because the vision has come to light does not mean it could not have been taken by reasonable diligence,” Neale’s counsel Adrian Anderson says.
Will the new vision be allowed to be used?
The AFL is seeking to use new vision which was obtained yesterday as part of its case, according to counsel Andrew Woods KC.
Woods KC has argued “it’s much sharper vision” of the incident involving Neale.
Typically, no new evidence can be introduced to the appeal board unless it was not available at the time of the original tribunal hearing.
The AFL is not arguing that the new vision would have changed the tribunal’s result, only that the clearer footage should not be overlooked in this hearing.
The appeal board looks set to debate whether this vision can be used as evidence or not.
Neale is here and we are away
Everyone has turned up for the appeal and we are now underway.
Lachie Neale has opted for a club polo instead of a suit for this hearing.
Will this take longer than the grand final to determine a result? Will it be faster than the tribunal hearing? We will find out soon.
Appeal scheduled to begin
It looks like we could be starting a couple of minutes late. Hopefully not too late.
A reminder to all – no one from the tribunal panel is on the appeal board today.
Five minutes until the appeal board sits
The appeal board hearing will begin in five minutes.
The hearing will take place via a video conference to determine the outcome of this case. Will Lachie Neale be successful?
What do Dockers greats have to say?
As it stands, Lachie Neale will miss the grand final, but he is not giving up yet.
While he and the Lions are fighting to get that ban overturned and allow him to play in the premiership match, others are torn on whether he will be successful.
David Mundy, a former teammate of Neale’s when he played at the Dockers back in 2013, does not believe he should be allowed to play on Saturday.
“(The tribunal) was a horrible outcome for Lachie and his prospects for this weekend,” he told reporters including 9News Perth.
“But the AFL has been very clear in its mandate to try and stamp out that sort of action and behaviour.”
Lee Spurr, a Dockers great, disagreed with Mundy’s view.
“I think I’d love to see Lachie play,” he said after the team’s opening training on Wednesday afternoon.
“I think, it might be controversial, but I don’t think that was medium. It was low ... he got straight up and ran off.
“We’ll see how the appeal process goes but I think Lachie deserves to be playing.”
Will we get to see this new Neale footage?
New Lachie Neale footage? At this time of week? At this point of the process? Localised entirely within Champion Data’s footage?
Yes.
May we see it?
No.
…
In all seriousness: The answer is yes – probably!
During the appeals board hearing, which starts at 4pm, it may get a run.
If not, it will surely leak to media in the next few hours or days.
It’s hard to fathom how the AFL did not know this footage existed before the MRO or tribunal made its respective verdicts.
But supposedly it quite clearly shows Neale punching Ginnivan in the gut with no wriggle room for alternative interpretations.
Lions’ likely defiant stand
If this hearing lasts multiple hours, like last night’s did, it will overlap with Brisbane and Fremantle’s naming of their selected sides for Saturday’s game.
If the hearing is still ongoing at 6:20pm AEST when those teams drop, the Lions will name Lachie Neale in their team, despite being suspended by the MRO and upheld by the tribunal.
They will not remove him from the side until after the appeals board’s verdict.
We have seen this happen before with previous AFL and AFLW cases and it always makes for odd reading.
Lachie Neale failed at the AFL tribunal. Fox Footy and Getty
Neale’s 17-second statement after tribunal failure
Lachie Neale delivered a brief statement to a huge throng of reporters after touching down in Melbourne on Wednesday ahead of the AFL grand final.
“Obviously, as you guys will be aware, the club and myself have decided to appeal the tribunal’s decision,” the Brisbane Lions star said in a 17-second airport appearance in front of the cameras.