In the past week the AFL’s tribunal has found both St Kilda’s Lance Collard and Port Adelaide’s Zak Butters guilty of saying something mean that someone else on the field took offence to. Both players and their respective clubs are adamant the accusation is false.
The judicial process in the AFL has long been a basket case. For several seasons, punishments have not passed the pub test, and there is no shortage of social media commentators calling for the sacking of Match Review Officer Michael Christian, who in the opinions of many seems to be faking it until he makes it, although in this case both players were referred striaght to the tribunal.
Collard was accused by an opposing player of using a homophobic slur. There is no audio of the incident, only witness testimony. Collard has been guilty of making a homophobic slur in the past, which he readily admitted in that instance.
Butters allegedly made comments implying an umpire of being paid to favour the opposition. There is again no audio of the incident. Butters is infamously the most fined player in AFL history as a result of numerous onfield discretions.
In real world courts, the accused is presumed to be innocent unless proven guilty. I find it impossible to see how there is remotely enough evidence in either case to come to a guilty verdict in a criminal court. Same again in the case of Butters if it was a civil court, Collard might be 50/50.
It seems in both cases however that the players have been found guilty purely on reputation and past offenses. It is certainly believable based on prior behaviour that both players could have made the comments they are accused of. But the fact that both players proclaim their innocence plays against this, as why would they deny behaviour that is semmingly in character for them?
Not only is the lack of due process from the AFL tribunal alarming, the AFL could have trouble in the real world courts if the players are as innocent as they claim to be. Particularly in the case of Collard, if he’s innocent then there is a good chance this entire process constitutes defamation. Considering the AFL is already facing legal proceedings regarding duty of care around head trauma, I doubt the executives are keen on dealing with additional legal dramas.
Homophobia and umpire abuse are absolutely things that need to be stamped out. But crucifying innocent players in a desperate attempt to look tough isn’t going to be how that is achieved.
If the players are innocent as claimed, I hope they, their clubs and the AFLPA takes this into the real world courts. Maybe this is what the AFL needs to wake up.
