The jury took just four minutes to uphold Cornes’ rough conduct charge before Port Adelaide’s counsel, QC Mark Griffin, appealed for extraordinary and compelling circumstances to be taken into account.
Griffin used the case of Rohan Smith having a penalty downgraded in similar fashion, and also sited Cornes’ exemplary record over more than 260 AFL games.
“Kane Cornes deserves greater consideration than your average player,” Griffin said after the charge was initially upheld.
“Only one current player has played more games than Cornes and not been reported (Dean Cox).
“The starting point for this charge should be 125 points, not 225, because that’s what this conduct warrants.”
Tribunal Chairman David Jones asked the tribunal to consider whether there were exceptionaland compelling circumstances and whether they applied to this case.
However, the jury, made up of Emmett Dunne, Wayne Henwood and Wayne Schimmelbusch did not believe there were exceptional circumstances.
Earlier, Cornes gave evidence that he was surprised Mitchell went to ground in the incident.
“It was just an ordinary bump,” Cornes said.
“He obviously went to ground, which i was really surprised at. Contact was minimal.
“I’ve played over 260 games, I’m a smart footballer. I’m not going to engage in anything that is a reportable offence. I’ve got a history of not doing so.”
Trbiunal counsel Andrew Woods argued that Cornes’ contact was unreasonable and that is the prism through which the charge should be viewed.
The AFL Tribunal Handbook says (in layman's terms) that a player should reasonably able to expect contact in this sort of instance. Woods' argument is that Mitchell didn't expect therefore it is unreasonable contact.
Jones asked the jury to consider whether they were clearly satisfied given the balance of probabilities that Kane Cornes engaged in rough conduct against his opponent (Sam Mitchell), which in the circumstances was unreasonable.
The jury was satisfied and Cornes’ charge was upheld.
Cornes will miss one match and have 68.75 carryover points.
