St Kilda’s Lance Collard is making a last-ditch effort to overturn his nine-week ban (two suspended until end of 2027) for conduct unbecoming after being found guilty of using a homophobic slur for the second time.

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The Saints first argued the rule used to determine Collard’s sanction was for “conduct of the most serious and negative character”, whereas this incident was not picked up by microphones or heard in public in any sense, until the AFL made it public by proceeding under rule 2.3(a).

Borsky argued the charge should have been dismissed because the AFL should not have proceeded under this rule, and should have rather followed rule 35 (the Peek Rule, about Discrimination and Racial and Religious Vilification) which involves a confidential process.

Appeal Board chairman Will Houghton argued the Saints used this case in front of the Disciplinary Tribunal, who gave reasons for rejecting it, including “counsel for Collard stopped short of submitting that a homophobic slur can never constitute a breach for rule 2.3(a)”.

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Two weeks ago, the AFL Tribunal found Collard had called a Frankston player a “f***ing f*****” during a VFL game – despite the Saints forward signing a statutory declaration and maintaining during the hearing he hadn’t.

Collard claimed he had told Darcy Hipwell “come here, maggot” but both Hipwell and teammate Bailey Lambert were adamant they heard Collard using the slur.

A hefty suspension had the potential to put Collard “back on the wrong track and ruin his life”, according to the Saints’ lawyer Michael Borsky during the penalty hearing.

“As a club, we will continue to stand by Lance, who maintains his position of innocence. This process has had a considerable impact on Lance, and we are committed to ensuring he is not only supported but that his integrity is defended through the appropriate process,” St Kilda said in a statement.

“We also recognise and empathise with the impact the ongoing and public nature of this matter has had, particularly on members of the LGBTQIA+ and First Nations communities.”