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GWS superstar Toby Greene has had his three-week suspension for making contact with umpire Matt Stevic doubled to six weeks.
The AFL appeals board upheld the league’s appeal, meaning Greene will not be available for senior selection until round six of the 2022 season. He already served one match during this year’s finals series.
The increased sanction could also put in doubt Greene’s ambitions to claim the Giants captaincy on a permanent basis from next year.
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The AFL appeals board agreed with the league’s legal representative Jeff Gleeson QC in that the initial penalty was manifestly inadequate.
Gleeson described the incident, which took place during the Giants’ one-point elimination final victory over Sydney in Launceston in late August, as a contemptuous “brazen act”.
“What Mr Greene did is very plain,” Gleeson said in his opening remarks.
“If you aggressively walk through an umpire, you don‘t get a three-match sanction. It’s too light and obviously too light.
“A three-match ban conveys it was inappropriate, but not seriously so.
“We shouldn‘t be distracted by contact being relatively minor. If it was major, Mr Greene wouldn’t be playing AFL football again.
“To any way diminish the gravity of the act by reference to the contact being minor misunderstands the need for the sanction for this sort of conduct.
“The message that needs to be communicated to Mr Greene and all players and participants and viewers and umpires and prospective umpires is you simply do not aggressively touch an umpire.”
The AFL’s Appeals Board began its meeting at 10AM AEST to decide whether the punishment handed down to the Giant star over the incident with umpire Matt Stevic at quarter time of the elimination final was sufficient.
Greene’s initial ban was labelled “manifestly inadequate” by the league who described the contact as “aggressive, disrespectful and demonstrative”. AFL boss Gillon McLachlan, meanwhile, said it was “hard to reconcile” with the outcome.
The league asked for a six-week suspension at the original hearing during which Greene faced searing cross-examination by AFL counsel Jeff Gleeson.
In arguing for a lengthy ban Gleeson described Greene‘s bump as a “bar room” act.
“The sanction should say that, when an angry and aggressive player walks into and bumps an umpire with barroom swagger, there is a serious consequence,” Gleeson said at the time.
Greene claimed he wasn‘t aware of the possibility of contact with Stevic until asked about it post-match — but later showed contrition.
“I do apologise for making contact and it‘s certainly something I wasn’t trying to do,” Greene said.
“I agree it’s not a great look for the game and I do apologise.”
The AFL’s legal representative Jeff Gleeson QC has described the contact made by GWS superstar Toby Greene with umpire Matt Stevic as a contemptuous “brazen act”.
Greene was initially suspended for three matches for the incident which took place during the Giants’ one point elimination final victory over Sydney in Launceston in late August.
But the league was not satisfied with that penalty, and appealed the tribunal’s decision for a heftier sanction. The hearing is taking place on Thursday and will resume at 2pm.
“What Mr Greene did is very plain,” Gleeson said in his opening remarks.
“If you aggressively walk through an umpire, you don‘t get a three-match sanction. It’s too light and obviously too light.”
“A three-match ban conveys it was inappropriate, but not seriously so.
“We shouldn‘t be distracted by contact being relatively minor. If it was major, Mr Greene wouldn’t be playing AFL football again.
“To any way diminish the gravity of the act by reference to the contact being minor misunderstands the need for the sanction for this sort of conduct.
“The message that needs to be communicated to Mr Greene and all players and participants and viewers and umpires and prospective umpires is you simply do not aggressively touch an umpire.”
Gleeson also said that Greene’s lack of contrition, acknowledgement of wrongdoing or full guilty plea embracing acceptance of the seriousness of the act should’ve resulted in a harsher punishment.
“Throughout his evidence, despite being pressed by me, he doubled down really and advanced the theory it was him who sought to minimise contact with umpire Stevic,” Gleeson said.
“We submit the range begins at six weeks … No less than six is the right range. A sanction of a small handful of games sends a muted message.
“Mr Greene ought be left in no doubt that conduct such as this is abhorred by the football community. The football community is not just displeased with it, it’s shocked – it’s shocked that someone would aggressively dispute a decision, swear and walk through an umpire.”
Greene‘s representative, Ben Ihle QC, put that for the AFL’s appeal to succeed, they had to demonstrate more than Greene’s three-match ban being “light”, and said that the sanction was appropriate.
“They have to satisfy you that the period of suspension of three weeks was so far outside the range that it was referred to in their submissions evident, obvious, apparent or plain that it was insufficient,” he said.
Ihle also explained that Greene had to endure more than just a three-match suspension, suggesting the 28-year-old had to live with the uncertainty of his “playing state” and be subjected to ongoing commentary of not only of his actions but of his personality, too.
“He has had to face his teammates and his inability to play in one of the finals games and if GWS made it all the way to the grand final Mr Greene would not have been eligible. These factors all have to be taken into account,” Ihle said.
“There has to be some regard for the person.
“People well understand the AFL‘s position on this. The AFL have been very vocal and prominent in this case as an exemplar of how the AFL sees this.
“The effect is the same but the route to get there is slightly different due to the different circumstances we found ourselves in.”
Ihle conceded Greene’s approach was aggressive but was adamant that contact between him and Stevic occurred while the GWS forward was seeking to demonstrate he was displeased with the call.
Those actions demonstrated “at least a state of mind of recklessness,” according to Ihle, who said there was no specific finding on Greene’s state of mind in the initial hearing.
Ihle also told the appeals board that the contact with Greene didn’t cause Stevic to turn, but it was Stevic’s attempt to keep the conversation going that did so.
But while Ihle pointed out that Stevic described the incident as minor and that he didn’t find Greene‘s approach or language used to be inappropriate, tribunal chair Murray Kellam QC suggested that wasn’t relevant.
“The main concern is protecting umpires from disrespectful behaviour, the fact that it involves a 400-game umpire doesn’t alter that fact,” Kellam said.
“It doesn’t help, does it, that one particular individual was tough but had so much experience it didn‘t affect him much? It could’ve been a first-game umpire.”
Chairman David Jones added: “It could’ve been a female umpire.”
Gleeson said it was “absurd” to suggest that Greene’s actions didn’t amount to a finding of intent.
“It‘s deemed to be intentional as a matter of logic,” he said.
Gleeson also pointed out that Greene didn’t end up missing a grand final, as the Giants lost their semi-final to Geelong, and that while he had endured criticism, he had “simultaneously enjoyed” support from the public and the media as well.
“What should bear upon your consideration is the look, and the look is terrible,” Gleeson said.
“If anything, Greene leans in and deviates slightly towards Stevic.
“He (Greene) had to, and decided to, walk through him (Stevic), and that’s why we don’t think three weeks is enough.”
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