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Entry 5

Entry 5 – Restraint of Trade

Case – Free Agency change in AFL with the Tom Lynch example

At the end of the 2012 AFL season, the AFL introduced the free agency into the organisation. This was copied from many sports across the globe who utilise a free agency period to ensure players can grow their worth both financially and mentally by switching clubs. Since the introduction there has been very few big-name players whom have used this program however Gold Coast suns have struggled to maintain big name recruits. because of this. At the end of the 2018 AFL season then Gold Coast full-forward Tom Lynch whom was on the verge of moving back to Victoria, this case study demonstrates how Lynch eventually found his way to the biggest club not only in Victoria but the AFL in the Richmond Football Club.

Lynch whom became his career on the Gold Coast in the 2011 season which was the inaugural year for the suns. Throughout his 8- year career as a Sun, Lynch played 131 games and became captain for the past 2 seasons (AFL Tables). However, on the back of some spectacular individual performances for the Suns, Lynch was gaining more and more traction to return back to Victoria at the end of the 2018 season through the free agency period. Because Lynch had served at the Suns for 8 years he had become a restricted free agent therefore he was offered contracts with numerous clubs in Victoria especially the big two clubs Richmond and Collingwood whom both offered Lynch multi-million-dollar long term deals.

In the end, Lynch decided to sign with the Richmond Football Club on a 7-year deal worth close to 6.5 million (Niall. J, Theage.com.au. 05/10/2018). With the loss of Lynch Gold Coast received pick 3 in the NAB national draft as a compensation pick (Triple.M) due to the allocation of net total points lost by losing Lynch to Richmond (Free agency. AFL.com.au). The way the AFL have introduced the free agency has changed the sport forever as it will be seen as an outlet for players to search for potential new homes moving forward.

The free agency trade system which is used throughout Europe and the US has revolutionised sport and the way players and their managers can sell themselves to new homes. Because it has only just begun the growth will be seen in years to come as players make tough choices on whether they stay or leave.

AFL Free agency explained. https://www.afl.com.au/afl-hq/the-afl-explained/free-agency. Viewed 23/05/2019

AFL Tables: Tom Lynch statistics. https://afltables.com/afl/stats/players/T/Tom_Lynch1.html. Viewed 23/05/2019

Niall, J. Half-price tiger: details revealed on Tom Lynch’s back loaded deal. https://www.theage.com.au/sport/afl/half-price-tiger-details-revealed-on-tom-lynch-s-backloaded-deal-20181005-p507w8.html. 05/10/2018. Viewed 23/05/2019

Triple M. Suns compo for Lynch Revealed. https://www.triplem.com.au/story/gold-coast-suns-compensation-for-tom-lynch-revealed-112503. Viewed 23/05/2019

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Entry 4

Entry 4: Corruption and gambling in sport

Case – Robert Smerdon

In 2018, after years of gathering evidence for years Racing Victoria banned prolific horse trainer Robert Smerdon from ever training horses again after he was found guilty of systematic doping of over 100 race horses. Smerdon was in charge of all the on-goings under the Aquanita brand as he would communicate with several high-profile trainers about the doping and would ensure his stable-hands Greg and Denise Nelligan would commit this criminal offence to allow for potential financial growth. This tarnished the Racing industry as which can only be described as one of the darkest days in Racing history not only throughout Australia but the world.

The charges associated with this case for Robert Smerdon were “115 instances of administration of alkalizing agents or medications to a horse or horses on race day” (Bartley. P, Sydney Morning Herald, 09/01/2018). The results of these breaches of racing laws will see Smerdon’s training license become thrown out by Racing Victoria, not only was Smerdon involved there was 5 other high-profile trainers from the country including Tony Vasil, Liam Birchley, Trent Pennuto and Stuart Webb whom also had their training licenses seized. Smerdon was caught in the act when he was caught in the act of race-day treatment to talented horse Lovani by racing authorities whom thought it was a one-off but what they discovered was something no racing fan could imagine as there was over 100 cases Smerdon had treated his horses.

The famous “Aquanita” case is somewhat scary to analyse as the legacy of some high-quality races where overawed but Smerdon’s case. As “many of whom went on to win major races, landing huge prizemoney for connections.” (Lynch. M, Cobalt, then Aquanita, then the Weir arrests…racing’s PR disaster. 30/01/2019). Therefore, i believe the Smerdon case was probably the darkest day in not only Victorian racing but Australian racing, once Smerdon was caught it soon became apparent he was the mastermind behind an Australia wide race-day treatment scheme which was uncovered after finding messages between the 6 trainers once finding Smerdon’s phone.

To conclude this case study, it was bemusing for Smerdon to publically state “A $100,000 fine would be financially crushing.” (Gage. N, Trainer Robert Smerdon banned for life for doping horses, faces ‘crushing fine’. 10/05/2018). Simply because although he will not admit it he has cheated the racing system including owners, authorities and the punters themselves to gain financially. Therefore, I believe Smerdon deserves every punishment that comes his way in the future because he has been the mastermind behind one of Australia’s darkest racing stories.

References

Nicola Gage. Trainer Robert Smerdon banned for life for doping horses, faces ‘crushing fine’. https://www.abc.net.au/news/2018-05-10/horse-trainers-robert-smerdon-banned-for-life-over-doping/9745780. 10/05/2018. Viewed 23/05/19

Michael Lynch. Cobalt, then Aquanita, then the Weir arrests. Racing PR’S disaster. https://www.theage.com.au/sport/racing/cobalt-then-aquanita-then-the-weir-arrests-racing-s-pr-disaster-20190130-p50ulj.html. 30/01/2019. Viewed 23/05/2019

Patrick Bartley. Trainers Robert Smerdon, Tony Vasil among eight charged by Racing Victoria over race day treatments. https://www.smh.com.au/sport/racing/trainers-robert-smerdon-tony-vasil-among-eight-charged-by-racing-victoria-over-raceday-treatments-20180109-h0flxy.html. 09/01/2018. Viewed 23/05/2019

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Entry 3

Entry 3: Violence in sport

Case – Ali Fahour 2018

In 2018, Ali Fahour (The AFL diversity boss at the time) who played at the West Preston Lakesides in the Northern Football League was involved in a melee involving players of both West Preston and Whittlesea. In this melee Falhour cowardly punched Whittlesea player Dale Saddington whom was knocked to the ground and become unconscious, this was the final straw for Falhour whom had already been suspended for 14 weeks the year before resulting in a life ban. The case was then taken to court where it was found that Falhour pleaded guilty and had to pay a $5,000 fine and complete a two-year community corrections order. (Younger.E, ABC.net.au. 15/02/2018)

The law involved in this case was that Ali Fahour pleaded guilty to recklessly causing injury. Recklessly causing injury is under section 16 of the crimes act 1958 and is described as “A person who, without lawful excuse, intentionally causes serious injury to another person is guilty of an indictable offence.” (Armstrong legal). In this case Falhour had cowardly punched Saddington with such force that he became unconscious momentarily as he hit the ground therefore Falhour had used such an act that would see others become imprisoned.

The overall analysis of this case is that Falhour had committed a very serious crime and if it was committed 200 metres down the road from the ground there would have been a more serious sentencing I believe. Although Falhour was apologetic from the moment the horrid act occurred it was too late. The vision was sent around social media and mass media which meant it had reached millions of people which evidently meant Falhour whom was the AFL diversity boss at the time stood down from his role with the AFL. The issue I have is with this case is that why didn’t Falhour become imprisoned because of this cowardly act.

The AFL is trying so hard to seclude themselves from this sort of behavior after the incidents involving cases such a Barry Hall and Andrew Gaff’s cowardly on-field punches. The AFL is trying so hard to become a family sport without these sorts of behaviors and just weeks after publicly supporting Bachar Houli through a similar incident it can only be described as a coward’s act. Although I understand supporting your mates but Falhour had a major brain fade. Although his career is slowly going back to normal as he has become employed in a similar role, this incident will leave a sick feel for not only onlookers but the families of the victim.

Emma Younger. AFL’s former diversity boss Ali Fahour avoid conviction for punching player during suburban football match. https://www.abc.net.au/news/2018-02-15/ali-fahour-avoids-conviction-over-suburban-match-punch/9449272. 15/02/2018. Viewed 23/05/19

Armstrong legal Melbourne: The offence of intentionally causing serious injury. https://melbourne.armstronglegal.com.au/criminal-law/assault-offences/intentionally-causing-injury?gclid=EAIaIQobChMIi4aF7sex4gIVwhqPCh1VqAaQEAAYASAAEgJW2PD_BwE

Viewed 23/05/2019

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Entry 2

Entry 2: Anti-Doping in Sport

Case –  Kieran Tarrant

On the 30thof July 2017, the Australian Rugby League Commission (ARLC) placed a 2-year ban on North Beach Sea Eagles player Kieran Tarrant whom was charged for the use and possession of prohibited substances. Tarrant was a standout player for the Sea Eagles in the Western Australia first grade competition until he was charged for the use of Clomiphene citrate and Anastrozole in May 2014 (ASADA).

The law involved in this case was under category S4 of the World Anti-Doping Agency (WADA) code of conduct for athletes in the 2014 list (ASADA. Rugby League athlete receives sanction. 15/04/2019. Tarrant was charged with the possession of 2 substances. The first substance Tarrant was charged with was Clomiphene citrate which is a substance that increases muscle mass which would be beneficial for a rugby league player as strength and size are two major attributes of a player. The second substance that Tarrant was charged with was Anastrazole which is used when taking anabolic steroids to “reduce the estrogen production” (everyday health). This is used to reduce the impact of the clomiphene citrate use. This has seen Tarrant receive a 2-year ban from NRL which commenced on the 30thof July 2017.

The analysis of this case demonstrates that Kieran Tarrant broke not only the NRL code of conduct but the ASADA and WADA code of conducts. This shows the NRL have a strong focus on a level playing field by placing the 2-year ban on Tarrant for breaching these codes of conduct. The NRL have struggled in the past with substance problems therefore to uphold their image is integral for the NRL as an organisation moving forward. However, for the NRL to charge a player from a state first-grade competition this is a case that must not be taken lightly.

To conclude this case, The ARLC in conjunction with ASADA have done a reasonable job to ensure there’s a suitable punishment for Kieran Tarrant. By bringing the sport no matter the grade in disrepute there needs to be suitable punishments which in this case the ARLC have done. With the severity of this penalty for Tarrant would’ve learnt his lesson over the 2-year period of his ban, also with the severity of this ban it places an emphasis for any NRL player who is wanting to tarnish the brand by taking anabolic steroids is that it’s not worth it.

ASADA. Kieran Tarrant profile. https://www.asada.gov.au/sanctions/kieran-tarrant. Viewed 22/05/2019

ASADA. Rugby league athlete receives sanction. https://www.asada.gov.au/news/rugby-league-athlete-receives-sanction-5. Viewed 22/05/19

Everyday health. What is Arimidex (Anastrazole) https://www.everydayhealth.com/drugs/arimidex. Viewed 23/05/19

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Entry 1

Entry 1: Domestic Tribunals

Case – Andrew Gaff (AFL player) vs AFL Tribunal

In the 2018 derby between West Coast and Fremantle, West Coast superstar Andrew Gaff cowardly king hit young Fremantle player Andrew Brayshaw. The hit was an ugly look for Gaff, West Coast and the AFL. In the week following the ugly incident Gaff was referred straight to the tribunal to face his plea. With West Coast coach Adam Simpson stating: “Gaff didn’t mean to hit Brayshaw in the face” (ABC News. 7/8/2018) making headlines across Australia as everyone from Western Australia to Victoria had their opinion.

The final verdict was Gaff was to miss 8 home and away games which included the 3 finals the eagles competed in which included their 2018 Premiership success. Gaff returned in round 2 of the 2019 AFL season to a toxic response from Collingwood supporters as “Boos rang out loud and clear when the 26-year-old had the ball late in the term” (C.Twoney. AFL.com.au. 6/4/2019).

The AFL tribunal system distinguished that Gaff had hit Brayshaw with an “intentional strike” (B.Waterworth, Fox Sports, 8/8/2018) with severe impact to the head resulting in Gaff receiving an 8-match ban although Gaff stated many times during the 2-hour tribunal hearing that he was meant to strike Brayshaw in the chest area. Brayshaw was evidently subject to surgery to rectify the broken jaw and 3 broken teeth received from the hit (B.Waterworth. Foxsports. 8/8/2018). Brayshaw has since made a full recovery and has returned to playing with Fremantle.

To analyse the case as an avid AFL supporter is that people on social media stated that the Brayshaw family and the Fremantle football club should have pressed criminal charges on Gaff as it was seen to be a malicious king hit. The king hit has seen individuals become seriously injured and even pass away from these types of hits in the past.

The general public believed for Gaff’s punch he deserved a more significant penalty for his actions. However, the AFL tribunal got this one correct as I believe as the 8-week ban put things into perspective for Gaff who missed out on the West Coast premiership but also gave him time to reflect on his incident to ensure it doesn’t happen again.

To conclude this case, the AFL took a big stand on this and has made every effort to stamp this sort of behavior out as it is become a family sport. Gaff has since tried to turn his image around from being the coward who hit Brayshaw behind play to one of the superstars of the competition again which he is currently doing. The 8-week penalty was substantial although the general public cried for more time 8 weeks is a long time out of playing so I believe the AFL tribunal system selected a suitable penalty for Gaff’s actions and to see him missing out on West Coast winning the 2018 grand final was heartbreaking for any supporter of AFL.

References

Waterworth. B, Andrew Gaff handed eight-week ban by AFL tribunal over vicious Andrew Brayshaw. https://www.foxsports.com.au/afl/afl-tribunal-live-blog-of-andrew-gaff-case-eagle-to-learn-fate-for-hit-to-andrew-brayshaw/news-story/4587d91496fcafc5ab6d6c1221fe6573. 08/08/2018. Viewed 19/05/2019

ABC.net.au. Andrew Gaff did not mean to hit Andrew Brayshaw in the head, West Coast coach Adam Simpson says. https://www.abc.net.au/news/2018-08-07/gaff-didnt-mean-to-hit-brayshaw-in-the-head-eagles-coach-says/10081438, 07/08/2018. Viewed 19/05/2019