On-field ban no proof for court charge
A CAIRNS football player facing a criminal charge over an on-field incident could beat the charge even though he accepted a ban by the sport’s governing body.
South Cairns veteran and representative player Daniel Lock, 35, pleaded guilty at the AFL Cairns tribunal to striking Saints midfielder Riley McCall, 21, three days after the alleged off-the-ball incident during a game at Fretwell Park. He was banned for nine weeks.
McCall, who had to undergo surgery on a jaw broken in three places and needs dental reconstruction, took the matter further by making a complaint to police.
Lock was arrested on Wednesday and has been charged with grievous bodily harm. Police have alleged he approached McCall after a tackle and punched him in the head.
He is due to appear in the Cairns Magistrates Court on July 12.
Former Queensland Law Society president Bill Potts said these type of cases were “very rare” although the precedent came more than 30 years ago involving AFL legend and former Brisbane Lions coach Leigh Matthews in 1985 while he was Hawthorn captain.
Matthews also accepted a four-game ban before police became involved.
But Mr Potts said sporting tribunals were places of administrative law, not criminal law, where both the rules and the potential outcomes were different.
“At disciplinary hearings, the prosecution only have to raise evidence on the balance of probability,” he said.
“In criminal law, it must be beyond reasonable doubt.”
He said anyone who took part in a sport involving physical contact was essentially consenting to being assaulted.
“If you’re in a boxing ring you are consenting to being knocked out,” he said.
But if an incident took place behind play and in breach of the game rules, criminal charges could be laid.
Mr Potts said potential defences to these type of incidents were the same as other assault matters and included being provoked or self defence.
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