Veteran AFL journalist Gerard Whateley says the Appeal Board slashing Lance Collard’s ban for using a homophobic slur for a second time, to effectively just two weeks, “makes no sense whatsoever”.
St Kilda had argued the nine-week ban (two weeks suspended until the end of 2027) initially handed out by the AFL Disciplinary Tribunal was manifestly excessive and had the potential to put Collard “back on the wrong track and ruin his life”.
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The Appeal Board – made up of two KCs and Richmond player turned barrister Stephen Jurica – took less than 20 minutes to rule they were right.
And while they disagreed with the Saints’ first submission that Collard should merely be given a hefty financial sanction, they instead handed down a four-week ban (two weeks suspended until the end of 2027).
That is despite Collard being given a six-week suspension in 2024 for his first use of the word, also during a VFL game.
“While the club is disappointed the charge was upheld, it welcomes the reduction in sanction and thanks the Appeals Board for their time and consideration on the matter,” the Saints said on Thursday night.
“The club’s legal team, led by Michael Borsky KC, successfully argued that the original penalty was manifestly excessive.
“The club remains focused on supporting Lance throughout what has been a challenging period and asks for his privacy as he makes his return to play.
“Despite the reduction in sanction, St Kilda remains disappointed with how the matter was assessed and believes greater consistency and clarity in the AFL’s Tribunal process is important moving forward.
“We also acknowledge the impact this prolonged and public matter has had on members of the LGBTQIA+ and First Nations communities.”
The panel found the previous sanction would be “crippling” because “there was evidence before the Tribunal in the sanction in both hearings that a penalty of this extent would finish him off as a player of professional football”.
Will Houghton KC said in the board’s reasons: “We observe that football is a hard game. It is highly competitive, particularly at its higher levels. It is commonplace that players can employ language from time to time which is racist, sexist or homophobic whilst on the field.
“We observe that it’s to the credit of the AFL and the Tribunal that its efforts to eliminate these comments appear to be succeeding.
“However, that cannot be at the price of imposing what this board considers to be a crippling penalty on the appellant of this case.”
Reacting immediately after the decision was handed down, AFL 360 host Whateley appeared stunned.
“That’s not the remit of the Appeal Board to do that. That is a gross overreach on what that panel’s role is,” he said on SEN.
“To dismiss the appeal but then reduce the sentence from seven to two … still guilty, but two weeks? That doesn’t line up with anything that the AFL has done.
“This feels outside the remit of the Appeal Board, frankly, in the way it has operated traditionally. That’s a very odd verdict – it’s been an incredibly difficult space, and I haven’t envied anyone’s involvement in it from beginning to end, but that is incredibly unsatisfactory.”
He added: “That makes no sense whatsoever.”
Former Port Adelaide coach Ken Hinkley added: “I can’t come to terms with the decision there.”
The Appeal Board gave several reasons for the decision, including:
– The previous incident being more serious, involving Collard using the word multiple times while being warned by opponents he should not be saying it;
– His age and difficult background;
– The player he used the slur against was not offended by it personally;
– and “he had at that time struck an opposing player, given away a free kick and had been jostled, roughed up and verbally challenged by a number of his opponents”.
With Collard also given a two-week ban for striking, in an incident immediately preceding and effectively causing the incident where he used the slur, he will serve a total of four weeks away from footy before being eligible to return.
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