Brisbane Lions legal representative Adrian Anderson presented an at-times erratic and inconsistent case of defence that both argued for Neale's suspension to be thrown out and for it to be instead carried over to Round 1 of 2027 - when Neale is almost certain to not be playing for the Lions.
The Lions argued that the AFL Tribunal were guilty of an error of law in not properly considering the "exceptional and extraordinary circumstances" which Brisbane had argued applied to Neale at the Tribunal on Tuesday night, namely his clean disciplinary record after a career of 320 Brownlows and multiple best and fairest awards at club and league level.
Describing Neale as "one of the best and fairest players ever", Anderson told the Appeals Board that missing a Grand Final for what he described as "a relatively minor offence" would be an excessive punishment.
The Tribunal on Tuesday had concluded that whether Neale was to miss a Grand Final or a home and away game was irrelevant, a view that the Appeals Board ultimately did not share.
Neale's appeal appeared to be in serious jeopardy when an alternate angle from one of Champion Data's dozens of cameras stationed around the MCG was uncovered on Wednesday morning, the day after the Tribunal verdict was handed down, as it appeared to confirm that Neale struck Jack Ginnivan with a clenched fist.
The full reasoning posted by the AFL Appeals Board is as follows:
"In regard to whether 'exceptional and compelling circumstances' provision can apply to Neale's benefit.
"We find that the Tribunal did err in having regard to whether the conduct was intentional.
"We accept the position of Neale in his written submissions that the intentional aspect was an element of the charge which had already been established.
"The relevant inquiry was whether, despite the charge having been established, there was exceptional and compelling circumstances.
"In this case, that was Neale's record.
"We find that Neale's record is exemplary, and that he should be afforded the benefit of the provision.
"In conclusion, we allow the appeal. We order that Neale instead be fined $10,000."
