FREMANTLE star Nat Fyfe will remain sidelined for the rest of the home and away season after his striking challenge was thrown out by the Appeals Board on Thursday night.
The Dockers argued for almost an hour that there was an error of law in the Tribunal process that found Fyfe guilty of intentionally striking Hawthorn's Jordan Lewis in last Sunday's clash at Patersons Stadium.
However, the Appeals Board, which was made up of chairman Peter O'Callaghan QC, Brian Bourke and Shaun Ryan, deliberated for seven minutes before dismissing the case, meaning Fyfe will not play before Fremantle's first final.
Fyfe, who appeared via video link from Perth, was not required to give evidence and his penalty will not change from the two-match ban and 76.25 carryover points he was handed on Tuesday night.
"I'm really glad we exhausted every avenue to get off," Fyfe said after the hearing.
"The decision has been made, I'll deal with it now and look forward to a big finals series."
Fyfe was represented by Stuart Morris QC after the case from Nick Tweedie SC fell short on Tuesday night.
Morris said the midfielder had not pleaded guilty at the Tribunal to striking Lewis, but had in fact described his action as a "bumper bar", which he compared to a block or a shepherd.
He said the evidence put to the Tribunal on Tuesday night was consistent with a finding of reckless striking, and the jury should have been given an opportunity to deliberate and come to its own finding.
"There were three separate answers where he explicitly disagreed it was a strike," Morris told the Appeals Board.
"The aggressive swinging of an arm is not necessarily a strike."
Tribunal chairman Ross Howie had blocked Fremantle's challenge on Tuesday night and jury members Wayne Henwood, David Neitz and David Pittman were not required to set a penalty.
Tribunal counsel Jeff Gleeson QC prosecuted a short case on Thursday night, highlighting Fyfe's own evidence that he intended to strike and Tweedie's opening statement that his client pleaded guilty to striking.
He said there would have been just one option open to the jury – that Fyfe was guilty of intentional striking – and Howie was right to take the matter out of their hands and make his own ruling.
The Dockers have two big games to round out the season – against the Brisbane Lions at the Gabba and Port Adelaide at Patersons Stadium – as they seek to lock in a top-four spot.
The cost of an appeal is $5000.
