PROMINENT Tamworth footballer Sean Nean has been handed a suspended jail sentence in court for his actions which marred the end of last year’s Group 4 grand final.
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The 24-year-old former West Lions player narrowly avoided prison in Tamworth Local Court on Tuesday for common assault and affray in the September 11 league grand final, which has effectively spelled the end of his playing days.
The court was shown footage of Nean’s behaviour, which Magistrate Alexander Mijovich watched three times before he found Nean guilty of affray.
Mr Mijovich said although it was “a push and shove”, “Mr Nean's response was a punch” on another player.
“Mr Nean has taken it to the next level … on that basis I find the offence proven,” he said, telling the court “that's not part of the game, it is something that occurs in the game”.
The prosecution relied on the behaviour of Nean where he is seen to throw a punch at a North Tamworth player.
Mr Nean has taken it to the next level … on that basis I find the offence proven.
- Magistrate Alexander Mijovich
“There is a punch thrown … my submission is there was unlawful violence,” police prosecutor Sergeant Rob Baillie said.
Legal Aid solicitor Fiona Hadlington had argued that it was "a grand final so emotions are heightened in any event” but she said the “behaviour of Mr Nean does not meet the test”.
She said crowds went to a football game “… expecting to see some contact. It’s not tennis”.
But Mr Mijovich interjected: “it’s also not the boxing ring”.
Flanked by his partner and mother, Nean was convicted of both offences and fined $1000 and also placed on a good behaviour bond for two years, on top of the four month suspended jail sentence.
Nean pleaded guilty to the common assault stemming from the confrontation with the referee, after he appeared to butt heads with him.
Ms Hadlington said it occurred “in the context of a tough grand final in which his team was losing”.
She said a number of players had been sent off, “he was cranky” and ultimately he had been banned from watching or playing the game for 30 years.
Ms Hadlington said the “Nean family in Tamworth are known for football”, but now “what is effectively a lifetime ban” meant he couldn’t even watch his son play.
“They are very good footballers, football is their life,” she said.
The court heard Nean was dealing with the loss of his brother last year, he was drinking a lot, which could explain “the outburst of anger”, Ms Hadlington said.
They are very good footballers, football is their life.
- Legal Aid solicitor Fiona Hadlington
“He’s not drinking in the game but,” Mr Mijovich replied.
He said it was at the “extreme end of violence” and Nean had “run some distance to an official just doing his job” and headbutted him.
“Your client decides to be the bully,” he said, before questioning a previous affray conviction on his record in 2014.
Nean’s mother yelled that her son was only charged by police because of his name but Mr Mijovich said she wasn’t assisting and found that “all the matters on your adult record involve violence.”