The panel is about to retire to deliberate.
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10.30pm: Mitchell’s lawyer Nick Ghabar wraps up his submission and judiciary chairman Geoff Bellew is now instructing the panel.
10.20pm: Ghabar urges the panel to consider the “unusual circumstances” in which the offence occurred.
While Friend “had time” and no immediate need to make the tackle on Clune in the comparable example, Ghabar says Mitchell was forced into a split-second decision because of “the imminent possibility of a try being scored”.
He argues that Mitchell, in fact, attempted to look out for Nofoaluma by turning his body and trying to pull out of contact.
Otherwise, Ghabar continues, the fullback’s shoulder would have made contact “probably with the sternum” of his opponent.
The defence claims that self-preservation was another factor while Mitchell only had eyes for the ball.
Ghabar says that “short of player Mitchell having eyes in the back of his head” he couldn’t have known where Nofoaluma was when contact to the head was made.
He adds that Nofoaluma was off-balance and changed his body height when kicking the ball; contributing factors to the way the incident played out.
Going frame-by-frame through the video, Ghabar contends that it was not Mitchell’s elbow which contacted Nofoaluma. Instead, he claims it may have been the lower part of the forearm which caused a “glancing blow”.
“Contrary to the referee’s report, we have no evidence of any injury,” Ghabar says, adding that Nofoaluma’s mouth could have been bloodied before the incident.
10.05pm: As in Paul Momirovski’s earlier hearing, former Roosters hooker Jake Friend’s grade one dangerous contact charge (head/neck) for a tackle on Dragons halfback Adam Clune last year is being used as a comparable example.
But McGrath says it won’t be “comparing apples to apples” because Friend tried to make a normal tackle whereas Mitchell didn't.
9.58pm: NRL counsel Peter McGrath submits that Nofoaluma escaped with a bloodied mouth after the tackle but the risk of greater injury was significant.
He says the fact that Mitchell jumped and turned his back shows he didn’t intend to hurt Nofoaluma but was “extremely careless” in doing so.
“[Mitchell] jumps at the same time he turns his back and twists, “ McGrath says. “He pushes or throws his left arm out in the direction of Nofoaluma as he has just kicked the ball.
“In doing so, there’s no appreciable level of drop in player Nofoaluma’s head so player Mitchell is extremely careless."
Mitchell looks down and slightly shakes his head for a moment as he listens to McGrath’s submission. The NRL prosecutor goes on to reiterate that Mitchell made direct contact with Nofoaluma’s face.
9.45pm: Rabbitohs fullback Latrell Mitchell, represented by Nick Ghabar, has sat down before the panel as he attempts to have a grade two dangerous contact - head/neck charge downgraded.
He is risking a four-match ban but will have his stint on the sidelines trimmed to one game if he is successful.
The incident in question was a hit on Wests Tigers winger David Nofoaluma as he kicked to set up a try in Saturday’s clash.
The outcome of the hearing will have an impact on Mitchell’s chances of claiming the Dally M Medal. He currently leads the count on 13 votes, ahead of Melbourne’s Ryan Papenhuyzen (12), but each week of suspension results in three votes being docked.
Two suspensions in one season make a player ineligible for the award.