TFW HH isn't paying attention...
>AFL appeals board finds Tribunal hearing that found a conviction and fine for Port Adelaide's Zak Butters abusing an umpire was a miscarriage of justice
>...
The AFL has apologised for the inconvenience caused to all parties after a tribunal decision to fine Zak Butters for abusive language against umpire Nick Foot was thrown out on appeal.
>...
>The board then took less than 15 minutes to return a decision on the first item of Butters's appeal — that a member of the original tribunal panel, Jason Johnson, had infringed on Butters's right to a fair hearing by leaving his office during the hearing to drive to an open inspection.
>He took part in the latter stages of the hearing by phone.
>
>In the hearing, Butters's counsel, Paul Ehrlich KC, said Johnson's behaviour was "inexplicable" and "amounted to a miscarriage of justice".
>Butters's case was that for a period of at least 12 to 14 minutes Johnson was driving his car in the final stages of the hearing, which included closing submissions by Butters's original counsel.
>Counsel for the AFL Albert Dinelli KC argued that Johnson's actions were "regrettable", this did not mean that the original decision should be overturned.
>"The relevant test is not just that it led to an error of law, but that it had a material impact on the decision," he said.
>"It was a minor lapse and not one that could be described as serious inattention.
Great Stuff