Milburn charge reduced at AFL tribunal
AFL tribunal chairman David Jones wants the league to introduce a specific "spear tackle" offence after Geelong veteran Darren Milburn exploited a legal grey area to have a suspension downgraded.
Milburn risked a three-match ban by taking his rough conduct charge to the tribunal but had that reduced to one game.
The defender pleaded guilty to pinning the arms of Richmond youngster Shane Edwards in a tackle and slamming him into the turf during Saturday night's match at Telstra Dome.
The original charge was graded as high contact, based on the fact that Edwards' head crashed into the ground, resulting in him being assisted from the field and treated for concussion.
But Milburn's advocate Peter Murdoch QC successfully argued that it should have been graded as body contact, as that was where Milburn grabbed the Tigers player.
The AFL's rules governing reportable offences do not specify whether contact refers to that between offender and victim, or contact between the victim and another object such as the ground.
In a rare step, Jones spent several minutes deliberating before instructing the jury to use contact between the two players as the relevant factor.
It meant they had no choice but to downgrade the offence, reducing the length of the suspension.
But Jones said as this was the first case of its kind under the AFL's current tribunal system, the rules needed some attention.
"This case in my mind illustrates the need for the AFL to consider, when they do their review of the rules at the end of the year, introducing a specific offence for contact of this nature," Jones said.
"This has been done with respect to front-on contact and with respect to head-high contact and in my view that was very appropriate.
"There is a need for a specific offence that takes into account a dangerous tackle, or a throw tackle, or as it is called in rugby league, a spear tackle, but that is a matter for the AFL."
As well as a 25 per cent points reduction for his guilty plea, the one-game ban included a further 25 per cent reduction for Milburn's previous clean record.
It means he will miss only Friday night's match against bottom-placed Melbourne.
Earlier, Carlton youngster Steven Browne was cleared of a rough conduct charge, saving him from a four-week suspension.
Browne was charged over a collision with Adelaide forward Jason Porplyzia during their match at AAMI Stadium on Saturday, which left the Crows player with bruising to the brain.
The contact occurred after Porplyzia was pushed into Browne's path by another Carlton player, Bret Thornton.
The tribunal jury took only about two minutes to deliberate, before agreeing with Browne's argument that his collision with Porplyzia was accidental, rather than an act of negligence.
"It was a fair decision," Browne told reporters after receiving the verdict.
"I feel sorry for the bloke but I can't do anything about it."
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