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Alex McKinnon and the Difficult Decision Dividing Rugby League

By Jarret Filmer
Alex McKinnon

Why are league fans so divided by Alex McKinnon’s decision to pursue legal action over the tackle that left him quadraplegic, and what could it mean for the sport? Jarret Filmer explains.

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Former Newcastle Knights second-rower Alex McKinnon today announced that he will be pursuing legal action against the NRL and Melbourne Storm prop Jordan McLean over the tackle which caused severe spinal injuries that have left him quadriplegic. To suggest that this decision was divisive is a little bit like suggesting that David Boon was fond of the odd beer.

Some fans seem aggravated by the idea that McKinnon has violated some unwritten code of rugby league by pursuing a legal resolution to the situation. Rugby league is a violent game but it doesn’t need to be ugly. The NRL has a duty of care to ensure that all players understand their responsibility to protect themselves and their opponents when they step onto the field. The tackle made by Jordan McLean that saw McKinnon injured was ultimately deemed an accident, but just because it wasn’t the product of malicious intent doesn’t mean that the NRL is blameless. As an employer they have a duty to provide a safe workplace and reduce the risk of harm to its players. If McKinnon had suffered his injury in any other workplace I doubt there would be very many questioning his right to pursue legal remedy.

Other fans seem aggrieved that McKinnon has decided to sue the NRL and Jordan McLean after the NRL offered an unprecedented amount of support to him following his injury in the form of the ‘Rise for Alex’ round and the offer of a ‘job for life’. A cynical interpretation might suggest that these events were organized in a pre-emptive attempt to win public support and head off the possibility of just such legal action. A more charitable suggestion is that the NRL was not prepared to deal with such an incident and were doing the best they could the only way they knew how. In any event it is a bit churlish to suggest that McKinnon should take what he has been given and fade silently into the background – he is a young man facing a life full of complications and this law suit might represent his last, best chance at determining his future.

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Some suggest that McKinnon contributed to the severity of his injury by ‘ducking’ his head while being tackled in order to milk a penalty. While it certainly seems possible that McKinnon contributed to his injury it’s the sort of thing that should be determined by experts rather than loud blokes in threadbare Balmain jerseys. At the very least by the end of this process there should be a clear understanding of everyone’s responsibilities, from the players to match officials to the NRL itself.

McKinnon’s lawsuit could prompt a whole slew of changes, ranging from the introduction of new measures designed to limit the potential for a reoccurrence of a similar incident to increasing the penalties for reckless play, or even something as drastic as eliminating the third player in the tackle or introducing weight restrictions.

This is possibly the most confronting element for many long term fans. For a sport that has traded on its history of unashamed violence and brutality rugby league faces the difficult prospect of ensuring the game survives into the 21st century without compromising what made fans love it in the first place.

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The NRL obviously understands that it must be most forceful in prosecuting its duty of care – in recent years the shoulder charge has been binned, fighting now results in an immediate, automatic on field sanction and a whole menagerie of exotic infringements from the chicken wing to the prowler have been implemented to protect the tackled player. McKinnon’s legal case will answer whether the NRL still has work to do.

At the heart of this story is a young man who in the course of an instant went from living his dream to being trapped in a nightmare. We want everyone affected by tragedy to be a perfect victim, to act with the precise amount of courage, humility and contrition that makes us feel good about bearing witness to their suffering. Some fans are convinced that McKinnon’s decision to seek a legal remedy is a poke in the eye of the charity NRL and the wider rugby league community who swung into support of him after his injury. While the impulse to label McKinnon churlish is, on some level, understandable, it is also hopelessly short sighted – he is facing a life of massive health challenges and uncertainty and if he feels as though he lacks the financial certainty to confront that future then it’s hard to blame him for doing what he feels is necessary.

At the very least it must be acknowledged that McKinnon’s decision to pursue legal action is exceptionally courageous. He has now opened himself up to immense public scrutiny and vitriol, his every decision now open to debate, spurning the role of dutiful victim so he can pursue his own destiny as best he can.

As sports fans we are conditioned to view everything through the lens of the contest, an epic battle between opposed forces, good triumphing over evil, underdogs pulling off unbelievable upsets. We like players slot into easy roles – the hero, the villain, the underachiever, the journeyman. There is something comforting about the familiarity of these stories, a common language that is both binding and soothing.

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When something like the McKinnon incident happens these stories fail us. There are too many complexities, too many shades of grey, too much reality. We want to force those familiar roles onto the players involved but they don’t simply fit. The beauty of sport is that it reduces the world to something small and understandable but the enormity and complexity of a situation like this defies reduction.

Empathy isn’t a game of winners and losers and we don’t have a finite amount of sympathy. It’s possible for us to feel compassion for McKinnon’s plight while also feeling for Jordan McLean and empathising with the difficult situation the NRL finds itself in and worrying about the future of the game we love so much. Sometimes it’s more important to be human than a fan.

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Trevor 40 minutes ago
Will forgotten Wallabies fit the Joe Schmidt model?

Thanks Brett.. At last a positive article on the potential of Wallaby candidates, great to read. Schmidt’s record as an international rugby coach speaks for itself, I’m somewhat confident he will turn the Wallaby’s fortunes around …. on the field. It will be up to others to steady the ship off the paddock. But is there a flaw in my optimism? We have known all along that Australia has the players to be very competitive with their international rivals. We know that because everyone keeps telling us. So why the poor results? A question that requires a definitive answer before the turn around can occur. Joe Schmidt signed on for 2 years, time to encompass the Lions tour of 2025. By all accounts he puts family first and that’s fair enough, but I would wager that his 2 year contract will be extended if the next 18 months or so shows the statement “Australia has the players” proves to be correct. The new coach does not have a lot of time to meld together an outfit that will be competitive in the Rugby Championship - it will be interesting to see what happens. It will be interesting to see what happens with Giteau law, the new Wallaby coach has already verbalised that he would to prefer to select from those who play their rugby in Australia. His first test in charge is in July just over 3 months away .. not a long time. I for one wish him well .. heaven knows Australia needs some positive vibes.

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B
Bull Shark 4 hours ago
Jake White: Are modern rugby players actually better?

Of the rugby I’ve born witness to in my lifetime - 1990 to date - I recognize great players throughout those years. But I have no doubt the game and the players are on average better today. So I doubt going back further is going to prove me wrong. The technical components of the game, set pieces, scrums, kicks, kicks at goal. And in general tactics employed are far more efficient, accurate and polished. Professional athletes that have invested countless hours on being accurate. There is one nation though that may be fairly competitive in any era - and that for me is the all blacks. And New Zealand players in general. NZ produces startling athletes who have fantastic ball skills. And then the odd phenomenon like Brooke. Lomu. Mcaw. Carter. Better than comparing players and teams across eras - I’ve often had this thought - that it would be very interesting to have a version of the game that is closer to its original form. What would the game look like today if the rules were rolled back. Not rules that promote safety obviously - but rules like: - a try being worth 1 point and conversion 2 points. Hence the term “try”. Earning a try at goals. Would we see more attacking play? - no lifting in the lineouts. - rucks and break down laws in general. They looked like wrestling matches in bygone eras. I wonder what a game applying 1995 rules would look like with modern players. It may be a daft exercise, but it would make for an interesting spectacle celebrating “purer” forms of the game that roll back the rules dramatically by a few versions. Would we come to learn that some of the rules/combinations of the rules we see today have actually made the game less attractive? I’d love to see an exhibition match like that.

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