Dangerous but not careless: Why Grant was cleared at judiciary

Storm captain Harry Grant was cleared of a Dangerous Contact charge, despite an NRL judiciary hearing determining that the contact he made with the kicking leg of Sharks five-eighth Daniel Atkinson was dangerous.

Grant, who was sinbinned over the incident in last Saturday night’s top-of-the-table clash in Melbourne, successfully defended the Grade 1 charge at Tuesday night’s tribunal hearing as panel members Tony Puletua and Sean Hampstead were not convinced he had acted carelessly.

As a result, Puletua – the 2003 Panthers grand final winner and international forward – and Hampstead, who refereed 289 premiership matches, as well as Origins and Tests, returned a not guilty verdict after a short deliberation.

“The panel were satisfied that the contact, which the player conceded, was dangerous, in the sense that it carried with it an unacceptable risk of injury,” judiciary chair Geoffrey Bellew, SC, said in his summary of findings from the 75-minute hearing.

“In the panel’s view, that risk of injury arose from the vulnerable position in which the kicker was placed at the time that the contact was made.

“The panel did not accept the proposition advanced on behalf of the player that the fact that the contact was minimal meant that it was not dangerous.

“However, the panel were not satisfied that the player had acted carelessly.

"In reaching that conclusion, the panel took into account footage of the incident which established to its satisfaction that momentarily after the ball was kicked, the player slowed down appreciably and changed his line of running.

“That conduct, in the panel’s view, was objectively inconsistent with a suggestion of carelessness, but consistent with the effect of the evidence given by the player, which the panel accepted, that he was endeavouring to be careful.

“In all of those circumstances the panel found the player not guilty.”

Grant, who was in the second marker position, told the hearing that he was aware Atkinson was in position for a 40/20 kick and had sprinted towards him in a bid to exert kick pressure.

However, Grant said Sharks captain Cameron McInness had been acting as a “sleeper” by standing about 5m in front of Atkinson so he had to slightly change the angle of his run.

Realising that he had not been able prevent the Italian international getting a kick away, Grant had slowed but was unable to avoid contact with his outstretched right foot.

“I tried to slow down but I can’t stop on a dime,” Grant said. “I had to veer to the left which I feel reduced the amount of contact.

“I do accept there was minimal contact. Daniel’s boot grazed my leg. There was minimal force. I turned away to follow the ball.”

Atkinson clutched at the outside of his right thigh after the contact with Grant and referee Grant Atkins said his report on the match that the Cronulla rookie had suffered an injury.

However, Grant’s legal counsel Nick Ghabar accused Atkinson of “gamesmanship”.

“There was a little bit of theatrics from the kicker,” Ghabar said. “He grabs at his leg in an attempt to alert the referee and gain a penalty.

“He is trying to get a penalty for his team and fair enough he was rewarded. The gamesmanship of kicker caused the referee to act way he did. At absolute worst the extent of the force was glancing, mild and minor.

"It’s easy to make sweeping statements about kickers being in vulnerable position and the need to protect kickers but contact that is mild and minor doesn’t mean it’s dangerous.

“We know the player continued to play and was man-of-the-match. He also kicked the winning field goal with his right leg.”

NRL prosecutor Lachlan Gyles, SC, referred to the fact that a number of kickers, including South Sydney halfback Lachlan Ilias (broken leg) and Penrith's Brad Schneider (knee) had been injured in similar circumstances.

He said video of the incident showed Atkinson's right leg being pushed back.

"If you focus on right leg of kicker, it doesn’t continue in path it would have continued in," he said. "Contact of that type can cause injures to the quad.

"One only needs to look at other injuries to kickers to accept there is a danger."