The NRL judiciary handed down a seven-week suspension to the Melbourne Storm’s Jordan McLean for his role in the tackle that left Newcastle Knights forward Alex McKinnon in hospital with a serious spinal injury.
Emotions are running very high in rugby league at present, but my initial response to the length of the suspension was disbelief. Quite frankly, I couldn’t believe that McLean had copped such a heavy suspension for something that was quite obviously a tragic accident.
Apart from there being no intent from McLean in the tackle, three other people – Storm brothers Jesse and Kenny Bromwich and McKinnon himself – all played a role in what occurred.
How McLean can be given 100 per cent of the blame escapes me.
Even if the NRL judiciary did solely blame McLean, the seven-week suspension makes no sense. In fact, it reeks of ill-conceived compromise.
If the judiciary based the length of the suspension on the tackle alone, then one to three weeks would seem fair.
If the judiciary based the suspension on the injury that occurred – which would be wrong – then seven weeks is nothing compared to the physical damage that has been done.
It’s a case of the judiciary being ‘half pregnant’.
Give McLean one week, and the NRL sends a clear message to the Storm forward and everyone else that they acknowledge the misjudgement in the tackle and subsequent injury were accidental.
A one-year suspension sends a clear message that all players have a duty of care on the field, and any action that results in serious injury has serious repercussions.
Though I don’t agree with the latter sentiment, I could understand the rationale.
Yet what we’re left with is case of no one being happy. Those seeking justice for McKinnon would hardly feel vindicated with McLean spending seven weeks on the sidelines.
Those supporting McLean – and objectivity – wouldn’t feel like the punishment fits the offence, if indeed they even believe an offence was committed.
The NRL judiciary has dug themselves a hole now, because they’ll need to be extremely consistent with future rulings or face accusations that they have let emotions rule their decision in this particular instance.
Forgetting the suspension and the ensuing outrage, it’s worth pointing out that there was never going to be any winners from last night’s hearing.
Alex McKinnon still lies in a hospital bed with an extremely challenging future ahead of him. Jordan McLean has become a household name for terrible reasons, and, regardless of fault, no doubt blames himself for McKinnon’s sad situation.
Both individuals will have to contend with the results for the rest of their lives.
There is no question that McKinnon’s position is the more tragic, but both young players now face adversity, stress, media scrutiny and future uncertainty that was absent from their lives just two short weeks ago.
It’s been a rough couple of weeks for rugby league and two of its young players. However, the judiciary did no one any favours last night. Not the code. Not the NRL. Not the fans. Not Alex McKinnon. And unquestionably, not Jordan McLean.
Since Ryan’s article went live, the NRL released this statement on the judiciary decision:
The NRL said today that counselling and other support is being provided for Storm forward Jordan McLean.
NRL Head of Football, Mr Todd Greenberg, said the welfare of Alex McKinnon continued to be at the forefront of everyone’s thoughts following his injury last week.
He said the NRL will look after the welfare of Jordan McLean as well.
“This is a tragic incident which has affected the lives of both Alex and Jordan and we need to do all we can to support them both,” Mr Greenberg said.
Mr Greenberg said the NRL had been in regular contact with the McKinnon family and the Newcastle club since the incident occurred and was offering assistance.
He said the Melbourne Storm was already offering counselling and support for Jordan, who was suspended for seven matches last night for a dangerous throw.
The NRL is in regular contact with the Storm to check on the welfare of Jordan and will provide additional assistance where requested.
Mr Greenberg said the NRL Judiciary Chairman, Mr Paul Conlon, had agreed to outline the details of last night’s judiciary decision, given the special circumstances surrounding the case.
The judiciary panel ruled that it was a grade 2 dangerous throw which carries 325 demerit points
A further 400 points were allocated after consideration by the panel of a range of factors including the injury suffered by Alex McKinnon.
“There has been no case like this in recent memory and it was always going to be a difficult case for the independent panel,” Mr Greenberg said.
“There is a process in place which was followed but it is clearly a tragic and extraordinary set of circumstance they were dealing with.”
Mr Greenberg said Melbourne Storm had seven days to seek leave to appeal the judiciary’s decision.
Ryan O'Connell
Expert
Thanks for the comment. I agree that Alex certainly faces the much greater change to life, something you can obviously attest to.
Isometric
Guest
Oh look, we got our two resident "I'm a fan but not really" fans of Rugby league here. They've never got anything positive to say and yet expect everybody to take them seriously. Please take your fake indignation somewhere else as no one here actually believes you care about the player who was injured. Both of you only see it as a chance, as always, to attack the game. It reflects very badly on both of you using some poor buggers broken neck to try and point score in some stupid code war.
Quadriplegic
Guest
Life long quadriplegia vs. 7 week suspension. Jordan will never understand the quality of Alex now faces. I am quadriplegic myself. I feel like out of respect he should sit out on his own terms. He obviously did not intend on Alex suffering such conditions, but aggression can go too far. On average a spinal cord injured person will need over $2 million just for supplies and care. He now faces a largely dependent life. Best of wishes to Alex in this unfortunate event. I hope Jordan can psychologically handle what has happened, it'll be tough on both men, but obviously Alex is in the much greater life change.
Doc
Guest
The team that won the title last year recieved the most penalties, this was a game plan, as the players have stated once asked about the penalty count, they don't care? this is because they took sendoffs out of the game, if there is repetative penalties, send someone off, we all know teams that push the refs to see how far they can get with knowing, the refs need to be able to deal with these teams by using the send off rule, there will be a big change in coaching tactics.
Doc
Guest
all you Sydney siders blamming the storm? just emotional bias, every team in the NRL has been lifting, and the refs have been letting it slide. Refs not sending Gallon & just Merrin off in state of origin, different rules for different times, no consistancy, this crap about SOO being different and rules are lessoned? how can that be, a rule is a rule. back in the day SOO didn't have a different interpretation of the rules compared to the NSWRL, it was just played with more passion. Slater was going for the ball with his feet, he wasn't going into the tackle to kick someone in the head, that is not a dirty tactic?, the NRL then rule to say you can not do this so he does not do it anymore, where are the dirty tactics, the boot in the face, that is why it is an illegal tackle, it is dangerous to the jumper and the tackler, slater should not have been penalised there as he was in the right, the tackler was in the wrong to attempt to tackle a player mid air, get the emotional based reffereing out of the game.
jc
Guest
Jarrod McCracken successfully sued the Melbourne Storm, Marcus Bai and Stephen Kearney for over $90,000 for a spear tackle. Expect legal action from McKinnon, especially after the NRL found Jordan guilty. This tackle was received no suspension from the judiciary, what do you think? https://www.youtube.com/watch?v=yYx_AkSVWvI
Ryan O'Connell
Expert
So you have no sympathy for McLean, yet I have no empathy? I'm the psychopath? I need drug testing? Go lie down, Glenn.
Glenn Innes
Guest
Von Nuemaann Why should we settle down because we do not buy your long winded drivel.Ryan you are the one who needs drug testing a bloke breaks someone necks with an illegal tackle and you think seven weeks of not playing football is a draconian punisnment Really seven weeks or three is minor trivia when you consider the serious nature of the injury and the fact something so irrelevant prompted you to write an article almost convinces me you are pyscopath with no empathy for the human condition.What the poor bloke can't play footy for a few weeks? My heart bleeds for him.. I hope the player and the Newcastle club don't stick to the old what happens on the field stays there and this ends up in front of a real court.Then we will find out who needs drug testing!
jrod
Guest
But is illegal to lift.
Pot Stirrer
Guest
I think the punishment is pretty spot on. It was an illegal tackle becuase he had his hands between his legs which is illegal. If he didnt it wouldnt have occured. The tackler obviously meant no intentionl harm but hopefully the message in this judgement is if you illegaly tackle someone where an injury occurs you will sit out another 4 weeks ontop of the penalty for the illegal tackle aswell. I dont see a problem in this and i cant understand the argument against. As well as punishment there needs to be a deterrant otherwise its like telling the school kid to not steel the other kids lunches and expect him to stop when there are no consequences and he is still hungry.
Johnny g
Guest
It wasnt a freak accident ,it was an illegal tackle that broke a young mans neck.The tackler then received a couple of months off footy ........big deal !!!!!! McKinnon is still in a hospital bed and will be for a while yet and who knows whether he will recover or not. This sort of tackle needs to be eliminated from the game as of yesterday . The person that got it horribly wrong is the writer of this article by going into the small picture of a suspension sentence rather than looking at the bigger picture that a young mans whole life may have been destroyed by an illegal tackle where the players arms were pinned and then his legs lifted and driven head first into the ground totally out of control under 300 kgs of weight . Wake up guys !
Johnny g
Guest
It wasnt a freak accident ,it was an illegal tackle that broke a young mans neck.The tackler then received a couple of months off footy ........big deal !!!!!! McKinnon is still in a hospital bed and will be for a while yet and who knows whether he will recover or not. This sort of tackle needs to be eliminated from the game as of yesterday . The person that got it horribly wrong is the writer of this article by going into the small picture of a suspension sentence rather than looking at the bigger picture that a young mans whole life may have been destroyed by an illegal tackle where the players arms were pinned and then his legs lifted and driven head first into the ground totally out of control under 300 kgs of weight . Wake up guys !
Bigjohn
Guest
I think that if there had been an actual intent to injure , McLean would be in a lot more trouble than he is now. Would I be correct in saying that the word intent did not appear in the charge regarding the tackle.
Ryan O'Connell
Expert
It's a shame ASADA's remit doesn't include random drug testing on those that comment on The Roar . . .
Von Neumann
Roar Guru
Just boggles the mind. “The NRL have completely stuffed this?” They got it right – because they did not bow to public pressure or trial by paper, or trial by your overly emotional opinions. Good lord. Are you people fans or the lynch mob? Please…. you can send in the lawyers but they have to have a case to answer. The victims are not being overlooked. Allow me to try again. I wont mention any names this time, because I know how sensitive you guys are. We’ll just focus on one thing – double standards. Someone mentioned double standards – except he mentioned them while being involved in double standards himself. Yes, the hypocrisy. Too bad that people get all up in arms when the point goes against them. The M.O then is: dilute, diffuse, save face. Spare me your intellectual lies. Now, the real facts of the situation Its all waaaay out of proportion to start with. It all happened fast, and one guy was reported while another was seriously injured. Time to accept that instead of fighting it. I dont think people have truly come to grips with that just yet. You have an injury that happens, maybe once every 30 years. You have a situation where people are trying to make the punishment ‘make up’ for the “crime”, and that just won’t happen. You have guys like the O.P who write articles just to incite all the hysteria, who like to point fingers and sit back and watch the fireworks. You have a judiciary that handed down a sentence, and you still have dissatisfied people. You really need to get over it. But thats precisely what will happen. In 2 weeks, this will be a long, distant memory, and you’ll all be onto the next thing. While thats fine, I do find it amusing you are all bothered with the issue; while at the same time you are taking the imagined ramifications from this to all parts of your imagination. It was a freak accident. The penalty can never make up for it, and even in courts of law if you hit someone and they get seriously injured – its a different penalty to hitting someone who is not injured at all. And yet, the man on report was not entirely responsible, it literally just happened – in that freakish, unforeseen way.
Ken
Guest
The judiciary don't deny it, they acknowledge openly that the outcome plays a part in the penalty. Just like it does in the legal system at large on which the judiciary is based. If you get busted texting while driving you get a slap on the wrist, if you hit a pedestrian doing it you're facing charges. No intent, same action, different outcome = different penalty. In all parts of life people are held responsible for negative outcomes that occur when they engage in reckless behaviour - why would the footy field be considered differently?
JR
Guest
When players take to a rugby league field, it is with the understanding that physical assault will occur, within set parameters (i.e. the rules of the game). If physical assault occurs that is outside those rules, there is absolutely no reason why redress could not be sought, including criminal charges.
JR
Guest
Apparently you know nothing about Work Health & Safety law in Australia. Company officers can certainly be imprisoned for serious breaches of the legislation, e.g.: Queensland Category 1 - the highest penalty under either the WHS Act or the ES Act is for a category 1 offence, These are the most serious breaches where a duty holder who recklessly endangers a person to risk of death or serious injury. Corporation: up to $3 000 000 Individual as a PCBU or an officer: up to $600 000/ 5 years jail Individual e.g. worker: up to $300 000/ 5 years jail. Source: http://www.deir.qld.gov.au/workplace/law/whslaws/penalities/index.html#.Uz2_IBLcyrM Other States and Territories have similar penalties.
belrose eagle
Guest
Its is NOT illegal to lift i is illegal to lift past the horizontal
up in the north
Guest
Now that the pseudo lawyers have entered the fray, it warms my heart that everything is good in the world. I cannot believe the two - yes two - victims in this sad event are being overlooked. It is not a case of causeation, culpability or any other legal mumbo-jumbo. It IS all about the officials having a duty of care to the players under their control. In this unfortunate incident they have been let down badly.