Judiciary hands down surprise DCE verdict after controversial charge for dangerous throw

By The Roar / Editor

Daly Cherry-Evans has avoided being suspended for the first time in his 14-year career, rolling the dice to dodge a three-match ban after having his dangerous throw charge downgraded at the judiciary.

Cherry-Evans arrived at the judiciary looking like a kid in a candy store and walked out two hours later on Tuesday night after fighting to avoid a three-game suspension for a dangerous throw on Shaun Lane with just a $750 fine.

The Sea Eagles had earlier accepted a two-match suspension for Haumole Olakau’atu, but elected to try and downgrade Cherry-Evans’ charge for his role in the same tackle.

DCE’s positive verdict means he will be free to face the Raiders this Friday at Brookvale.

Cherry-Evans was represented by legal eagle Nick Ghabar while Sea Eagles coach Anthony Seibold and football manager John Bonasera were also by his side for the hearing with Lachlan Giles SC representing the NRL before panel members Tony Puletua and Greg McCallum, with Geoff Bellew the chairman.

Daly Cherry-Evans. (Photo by Cameron Spencer/Getty Images)

Cherry-Evans and his legal team successfully claimed teammate Haumole Olakau’atu was largely responsible for the dangerous throw of Lane. They also claimed Cherry-Evans’ technique in the tackle was something he had used countless times before without issue.

“I started to tackle him in the way I have used many times before with the bigger fellas,” Cherry-Evans said during the 83-minute hearing. 

“That would be to use them running at me and then at some point trying to use my leg to leverage them to bring them to the ground.

“It’s not the first choice of tackle, but it’s definitely a tackle I have used in this situation before. 

“It’s something I have done a lot of times, feel very comfortable with and have never hurt anyone before.”

The hearing was shown several replays of the tackle from various camera angles.

Cherry-Evans’ lawyer Nick Ghabar argued Olakau’atu had caused the danger, by grabbing Lane’s buttocks and lifting his body into the air.

Ghabar also claimed diminutive halfback Cherry-Evans would have required “superhuman” strength to counteract the momentum of Lane and Olakau’atu.

The 85kg Cherry-Evans offered the odd wise crack in his first outing, joking he would not “weight shame” Olakau’atu and Lane by guessing their size. 

But jokes aside, the Manly halfback was adamant there was nothing he could do to stop the throw.

“They’re two really big fellas,” Cherry-Evans said. 

“I genuinely don’t believe I could have helped mitigate the risk of what was happening in that tackle.”

It took panel members Greg McCallum and Tony Puletua 10 minutes to side with Cherry-Evans, sparing him the first ban of his career.

In doing so, they disagreed with NRL counsel Lachlan Gyles’s claim Cherry-Evans’ use of his leg had created a “fulcrum” that ultimately tipped Lane over.

“It’s definitely a relief, that’s probably the best way to summarise it,” Cherry-Evans said afterwards.

“We came here pretty confident that there was a fair case to answer for and to get downgraded, so I’m really happy with the process and I can’t complain.

“It didn’t really concern me about having a blemish on the record, it was more around fighting for what we thought was a fair grading.”

Manly will still be without Olakau’atu for two matches against the Raiders and Dolphins, after he pleaded guilty for his role in the tackle on Lane.

But with Cherry-Evans in their side their fight to keep pace with the NRL’s top four has been handed a massive boost.

In a double victory for Cherry-Evans, his win means he is still eligible to claim the Dally M at year’s end after sitting third on the leaderboard following eight rounds.

with AAP

The Crowd Says:

2024-05-02T12:18:12+00:00

Good Grief

Roar Rookie


Lane was put in a dangerous position. And… apparently the modern game requires someone be suspended. And… I wonder what lesson Olakau’atu is supposed to have learned from this? I wonder what he is supposed to have done differently? The opaque lesson is that you cannot put the tackled player in a dangerous position… regardless of how it came about.

2024-05-02T12:10:47+00:00

Good Grief

Roar Rookie


The hearing is reported on NRL.com in blow by blow detail for anyone who wants to read it. I don’t disagree SM, and I appreciate BE’s comment above “in a 2-player tackle, where neither can control the collective outcome”. In this tackle Olakau’atu’s only fault is not knowing that DCE is effecting a judo type hip toss, and he cannot know it is happening until it has already happened. But, they threw Ola under the bus because they could make an argument based on judiciary precedent in DCE’s favour. DCE’s defence argued at the hearing that Olakau’atu was the tackler who lifted Lane, DCE didn’t lift Lane, and this was very similar to a previous ruling where the DCE role received a lower grading. Bottom line, looks like they could see a way to get DCE downgraded based on judiciary precedent, and that strategy required them to blame Ola at the judiciary.

2024-05-02T05:23:40+00:00

DavMan

Roar Rookie


Jake Arthur I think mate.

2024-05-01T09:31:12+00:00

Glory Bound

Roar Rookie


Rugby League is developing its own language, and none of it is for the betterment of the game. The 'chicken wing', the 'crusher' the 'cannonball', the 'disruptor', 'escorts', the 'downtown'. The growing list never ends. Now, thanks to Manly, we have the 'suplex' and the 'fulcrum' to add to the growing vocabulary of the referees who stopped speaking plain English a decade ago. Soon, the game will need interpreters and subtitles and an expert in linguistics to explain the etymology of these word salad terms.

2024-05-01T04:40:21+00:00

Good Grief

Roar Rookie


I’m with you BE. Manly had to engage a barrister and do all the prep and take it to the judiciary to overturn a lazy initial decision by the MRC. Reading the judiciary report the point was made at the judiciary that both tacklers can share relatively equal responsibility and fault. In this specific instance the argument was successfully made that it was overwhelmingly Ola’s role that put Lane into a dangerous position. Clever legal tactics, they worked out who they could get off and who they had to throw under the bus at the judiciary, and accepted the early plea for the latter prior to the hearing.

2024-05-01T04:02:53+00:00

eagleJack

Roar Guru


Fair downgrade from DCE, but I actually think Jake is a better player than a few halves running around in the NRL. I've noticed he often wins trainer of the week awards at the club, so he is clearly putting in. Just happens to sit behind one of the best.

2024-05-01T03:58:01+00:00

eagleJack

Roar Guru


What excuse? Showing video evidence of two other similar tackles that only received a Grade 1 Dangerous Throw? The judiciary also clearly stated that DCEs clean record would not be considered when making their decision.

2024-05-01T02:25:22+00:00

Dutski

Roar Guru


I would assume professional 18th man Jake Arthur would come in.

2024-05-01T01:59:00+00:00

Bert Eagle

Roar Rookie


I think 2-week suspension for one player is reasonable. The case for the defense seems to have used Olakau’atu as the sacrificial lamb. :silly: As a manly fan, I'm not even sure who they have to fill in for DCE when he's out.

2024-05-01T01:54:00+00:00

Poss

Roar Rookie


In my opinion it was a dangerous tackle like it or not & because DCE hasn't been before the panel before shouldn't have anything to do with it..It could of ended a lot worse with a serious injury..Will similar offences use this excuse that got him off?

2024-05-01T01:52:18+00:00

Short Memory

Roar Rookie


Agree. The hip throw tackle is rubbish and should be banned.

2024-05-01T01:34:15+00:00

eagleJack

Roar Guru


With Sipley back, this is the best set of middle forwards Manly have put on the field for well over a decade. Paseka, Aloiai, Lodge, Sipley and Brown will certainly provide some go forward. For years we've had some pretty exciting, flashy backs but the forwards haven't really set a platform. That appears to be changing in 2024.

2024-05-01T01:25:17+00:00

Short Memory

Roar Rookie


I know I’m in a minority here but I really disagree. Haumole’s tackle was legit with good technique. The only reason Lane ended upside down was because of DCE’s hip throw. The first thing you learn when you’re taught that move in martial arts is to hang onto your training partner’s arm – because the chance of them landing on the back of their head is extremely high. Take DCE out of that tackle and it’s a Jurbo style ripper that drives Lane straight backwards and on the flat of his back. I think Manly threw Olakau’atu under the bus because the half is more important to keeping their season on the rails.

2024-04-30T22:56:33+00:00

Andrew01

Roar Rookie


Happy for DCE to get off, though it seemed all back to front to me. The argument that his technique is fine and he uses it all the time seems a little flawed when his technique clearly contributed to what happened. if you are using your leg to flip people over, by definition, sooner or later someone is going to go over the horizontal. That said, i think if you go 300 games without landing at the judiciary, then as long as it isn't an intentional charge, you should be able to walk - but weirdly, that wasn't considered.

2024-04-30T22:26:38+00:00

Forty Twenty

Roar Rookie


In the end Lane is very lucky to escape without too much wrong with him and that makes the Big O lucky as well. The penalty isn't too bad as he could do with a rest and Manly have a fairly healthy group of forwards at the moment.

2024-04-30T20:52:28+00:00

Ouch

Roar Rookie


justice

2024-04-30T19:08:22+00:00

farkurnell

Roar Rookie


So logically ,if Lane is seriously injured – just double or triple the fine!! The concept of duty of care goes out the window for someone who has been part of thousands of tackles.I guess someone who tips a 300 game veteran on his head will get the wet lettuce treatment as well.Also future infringers can offer up the DCE defence – I was their but the other guy did it

2024-04-30T15:01:08+00:00

souvalis

Roar Rookie


They were just stating facts, it was primarily Haumole’s fault, they realized they had no defence with him and took the charge. I’m staggered anyone would think otherwise. Shouldn’t be much whining about Cherry getting off, they got the right man.

2024-04-30T12:23:58+00:00

Ben Pobjie

Expert


Say what you like about the modern game, but making dangerous play legal as long as the perpetrator can afford to pay a minuscule fraction of their salary in fines is just a fantastic innovation that you can’t help but applaud.

2024-04-30T12:04:26+00:00

Bert Eagle

Roar Rookie


I find it interesting that a 2-player tackle, where neither can control the collective outcome, which if potentially negative, is treated as a 1 player penalty x 2. That concept in itself is legally vulnerable and imo poor. I think a fine for both would have been appropriate. The fact that to appease a flawed judiciary system, 1 player was sacrificed for the sake of better result is absolute rubbish. And Sivo gets a minuscule fine. I just don't get it .... Not happy!!

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