Reasons:
The issue for determination is whether Frampton's tackle was unreasonable in circumstances.
We have carefully considered the vision, which gives an uninterrupted view from a number of angles of the two players and what unfolded.
We have also taken into account Frampton's evidence, which was clear and balanced.
We find that Frampton's evidence is consistent with what is shown on the video.
Mainly:
A) Frampton approached Mihocek with caution and corralled him,
B) He saw Mihocek slip and that Mihocek’s head was down,
C) He took care not to make forceful contact with Mihocek’s head, and so he put arms around and over Mihocek’s body,
D) Mihocek drove into him,
E) Frampton knew that he did not have either of Mihocek’s arms pinned,
F) He pulled Mihocek towards him with his left arm,
G) Frampton's feet were off the ground prior to and at the moment of Mihocek’s head striking the ground.
It is the AFL’s case that Frampton knew that Mihocek was in a vulnerable position, and that a reasonable player in those circumstances would have released the tackle.
While we accept that Frampton knew, or could be expected to have known, that there was vulnerability associated with the position that Mihocek was in, we do not accept that a reasonable player in the circumstances would have released the tackle.
While Frampton knew that Mihocek had chosen to drop his head and drive into Frampton, he could not reasonably have known with any sort of precision what Mihocek would be doing to position his head, or what he would be doing with either of his free arms.
Frampton knew Mihocek had the ball and was attempting to drive through the tackle.
He knew that Mihocek’s head was low, but did not know that it was at risk of being driven straight into the ground.
As he said in his evidence, he could not foresee that Mihocek’s head is bent in a certain direction.
A reasonable player in Frampton's position would not have released the tackle.
Frampton gave evidence that he didn't think Mihocek was in a position to get hurt. We accept that evidence.
We find that the majority of the force and momentum in the tackle was provided by Mihocek who was trying to drive through Frampton, who was virtually stationary.
We accept that Frampton may have contributed to some of the downward or rotational momentum, but this was a far smaller contribution than that provided by Mihocek driving through the tackle.
Frampton was largely successful in his attempt to have Mihocek land on him.
He seemed, from the video, to be genuinely surprised to discover that Mihocek was hurt.
Two field umpires had a clear view of the tackle, and neither awarded a free kick for a dangerous tackle.
No Melbourne player remonstrated with Frampton.
These latter matters are often of no great moment.
Umpires and teammates may not have seen what the vision reveals has occurred, but this tackle did not happen in a pack or in any congestion.
It was just the two players, and when considering whether this was a tackle that a reasonable player would have applied, or more particularly continued to apply, the response or lack of response of the umpires and other players to what they saw in real time is of some significance.
The game of football typically involves accidental contact and impact.
Some accidents are avoidable if reasonable care had been taken. Some are not.
Most accidental impact on the football field results in no injury.
This accidental impact resulted in a dreadful injury to Brody Mihocek. It was, however, not reasonably avoidable.
Billy Frampton did not engage in conduct that was unreasonable in the circumstances.
The charge is dismissed.
Despite impressing at training this week Crows are set to overlook Izak Rankine for Thursday night’s clash against Bulldogs. Erring on the side of caution with that dodgy calf.
Mark Keane also set to spend another week in the sanfl.
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