THE striking charge hanging over the head of Jarryd Hayne is not one worthy of causing him to miss a State of Origin match.
That is a key facet of the argument the remorseful Blues three-quarter will take to NRL headquarters at Moore Park tonight, along with the stance that Hayne acted in self-defence as a result of provocation.
While Hayne will accept that, on reflection, he shouldn't have acted in the fashion he did in the scuffle with Melbourne fullback Billy Slater at Parramatta Stadium last Friday night, his counsel, Geoff Bellew SC, will attempt to put the onus on the members of the tribunal to prove that his client's contact was ''excessive, unfair and intentional''.
The defence case is expected to address the impact itself - claiming that the contact made by Hayne was much more in the realm of a gentle nod of the head than a malicious headbutt worthy of missing a regulation NRL game - let alone Origin II tomorrow week.
There is also likely to be the argument lodged that there was a mood of hostility evident throughout the contest, between Hayne and Slater in particular, and that the Storm star was in fact the aggressor.
While Hayne should not have retaliated he did so in the heat of the moment not with any preconceived intentions or with any objective to cause harm. He performed the act, in fact, because he believed Slater, who had reacted angrily to a tackle by Hayne, was about to attack him when he raised his hand to push him. Hayne was, with his actions, trying to get away from Slater.
Hayne made a dumb decision, yes, but it occurred as tensions were boiling over in a match that was always likely to feature some sort of altercation. The Storm's grand final victory over the Eels last October - which was later shown to have been achieved with the assistance of spending well over the salary cap - obviously resulted in some deep wounds at Parramatta.
Hayne, as hurt as anyone by that defeat and its circumstances, was caught up in the spirited atmosphere and did take a step too far.
It was a very minor one, though, and should not result in a suspension from Origin.
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