
TheOptimum18
Club Legend
- Apr 18, 2022
- 1,269
- 2,689
- AFL Club
- Richmond
Looking back on it after a couple of hours, I think a crucial mistake in our appeal was arguing that Mansell couldn't forsee Lynch and Caminiti coming out to contest the mark.
If I remember correctly, it was a clearance from the middle into an open forward line with 6-6-6. Any key fwd worth their salt would be going for that mark.
I'm disappointed we didn't go down the route of "is it reasonable for Mansell to forsee the hold on Lynch that places Lynch's arm where it was that resulted in O'Connell's concussion".
Imo, I think it's easier to argue that its unreasonable for players (Mansell in this case) to foresee an illegal act in a marking contest that leads to a concussion than arguing it's unreasonable for players to expect a marking contest.
Looking at the video, I think it's easy to make the case that if Lynch wasn't held in the marking contest, then he's able to raise his arms up to try and take the mark, meaning that O'Connell would've been pushed past the Lynch and Caminiti contest injury free.
You could make the case that Mansell was doing his duty of care by pushing O'Connell away from the contest rather than into the contest, but Caminiti's illegal hold on Lynch meant the contest didn't pan out in a foreseeable manner for Mansell to predict.
Clearly Mansell doesn't know about the hold on Lynch, since he is the one that actually starts to go back on the mark and ask for the ball, presumably thinking that the umpire has given the holding freekick against O'Connell for holding him.
If I remember correctly, it was a clearance from the middle into an open forward line with 6-6-6. Any key fwd worth their salt would be going for that mark.
I'm disappointed we didn't go down the route of "is it reasonable for Mansell to forsee the hold on Lynch that places Lynch's arm where it was that resulted in O'Connell's concussion".
Imo, I think it's easier to argue that its unreasonable for players (Mansell in this case) to foresee an illegal act in a marking contest that leads to a concussion than arguing it's unreasonable for players to expect a marking contest.
Looking at the video, I think it's easy to make the case that if Lynch wasn't held in the marking contest, then he's able to raise his arms up to try and take the mark, meaning that O'Connell would've been pushed past the Lynch and Caminiti contest injury free.
You could make the case that Mansell was doing his duty of care by pushing O'Connell away from the contest rather than into the contest, but Caminiti's illegal hold on Lynch meant the contest didn't pan out in a foreseeable manner for Mansell to predict.
Clearly Mansell doesn't know about the hold on Lynch, since he is the one that actually starts to go back on the mark and ask for the ball, presumably thinking that the umpire has given the holding freekick against O'Connell for holding him.