4:00AM Thursday September 04, 2008
By Steve Jancetic
New Zealand Warriors fullback Wade McKinnon is seeking leave to appeal a three-match suspension handed down by the National Rugby League judiciary for spitting at NRL touch judge Brett Suttor on the weekend.
McKinnon's legal team is preparing a submission that will be held later tonight in what is proving to be a marathon night of hearings at NRL headquarters.
The judiciary panel's decision to suspend McKinnon for just three matches flew in the face of a recommendation from NRL prosecutor Peter Kite for a ban between nine and 11 weeks.
Kite argued the "reprehensible" act of spitting at an official had to be stamped out of the game and claimed McKinnon had history in abusing officials after he was found guilty of pushing a referee last year.
While McKinnon could miss this weekend's crucial match against Parramatta if the ban is upheld, the ban could amount to little more than a slap on the wrist if the Warriors are eliminated this weekend.
McKinnon would then be able to serve the other two matches in trial matches at the beginning of next season.
to beat the Eels and hope either Newcastle or Canberra lose their final round encounter to force their way into the finals.
McKinnon was alleged to have spat at Suttor as the touch judge made his way along the dead ball line to take up his position behind the posts after a try had been awarded to Penrith winger Luke Rooney during the Warriors' 42-20 win over the Panthers.
Suttor, who provided evidence at the hearing, claimed the spit missed him by only 30 centimetres.
While McKinnon did not deny spitting, he claimed it was simply something he did throughout the game as he cleared his throat due to the build up of saliva from a double mouthguard and a recent sinus problem which had required medication.
Suttor said McKinnon was abusing him over what he perceived was a missed forward pass in the lead-up to the try, but the Warriors fullback said it was teammate Micheal Luck who was delivering the verbal spray.
"I didn't say a word," McKinnon said.
The issue of physics was also brought up with McKinnon's legal representative Geoff Bellew claiming it would have been a "physical impossibility" for the livewire custodian to get within 30 centimetres of Suttor from six metres away.
Kite claimed the intent came from the fact McKinnon spat at head height and not directly into the ground.
Asked by Kite if he normally spat at head height, McKinnon replied: "I don't have a traditional way of spitting."
Earlier tonight Newcastle hooker Matt Hilder was cleared of spitting on Melbourne winger Anthony Quinn, leaving him free to play in Friday night's vital NRL match against Brisbane at Suncorp Stadium