No, I'm not talking about the ridiculous train strike in Brisbane at the moment, I am of course referring to the NRL judiciary's baffling decision to clear Wests Tigers captain Jarrod McCracken of a striking charge on Shane Webcke. They have set a dangerous precedent that virtually allows open season for high tackles and shoulder charges gone wrong.

Anyone who's watched Sports Tonight or any news programme in Brisbane or Sydney has seen the incident. In the opening NRL clash on Sunday, Wests Tigers captain Jarrod McCracken collected Broncos prop Shane Webcke in the face as he made one of his many hitups. Webcke, reacting quickly, moved his head to the side, avoiding the full brunt of McCracken's elbow.

In the second half, halfback Ben Walker had been tackled and was prone on the ground. McCracken, third man into the tackle, which in the past was a penalty anyway, led in with the knees and smacked Walker in the ribs, forcing the young player off the park. McCracken was also penalised for a high tackle on Walker earlier in the game. In most sports, three strikes and you're out.

On Monday morning, the NRL video review panel referred the elbow and kneeing incidents to NRL judiciary commissioner Jim Hall. Hall felt McCracken had a case to answer on both, and charged him with the highest grading striking and dropping the knees charges. The penalties, if upheld, carried a maximum penalty of 13 weeks, which is half the season.

McCracken chose to fight the kneeing incident, which was understandable given the accidental appearance of the incident. However, he also decided to challenge the striking charge. Given that on replay you could clearly see McCracken's elbow contact Webcke's head, it was almost a fait accompli that McCracken would cop the maximum 8 weeks for that incident. Click here to see the incident for yourself (courtesty of Daniel McCartney).

After the hearing, McCracken walked out a free man on both counts. He would line up on Monday night against the Auckland Warriors at Leichhardt Oval. The media, the public, and very likely Shane Webcke were flabbergasted. Tigers coach Wayne Pearce must've been high on incense or something when he claimed justice had been done.

The reason given for the kneeing incident was also unacceptable. Apparently, to be guilty of kneeing, the victim has to be on the ground at the time. The panel ruled Walker was still falling. A technicality. However, it could be argued that McCracken hadn't intended to dig his knees into Walker's back so that was almost acceptable.

There is absolutely no excuse for the decision on the striking charge however. McCracken claimed it was a "shoulder charge gone wrong" and that "there was no jolt or impact, we both just skimmed off each other". The only conclusion you can gather from that moronic statement is that you can do whatever you want, as long as you don't hurt the guy. That's akin to the ruling by the referee in my Oztag game that didn't penalise a lifted forearm in attack because the player was already tagged before he did it!

The panel this year is made up of three former players, Souths great Bob McCarthy, Newcastle stalwart Mark Sargent and Darrell Williams. If there were any question marks on the validity of having footballers rule on judiciary hearings, they became bolded.

You can just imagine what Mrs Smith is saying, sitting at home watching Sports Tonight with her 7-year-old son who's about to embark on his first season of Rugby League, seeing the incident, seeing McCracken walk free, then looking at her husband and then her child and saying "You're not playing that thugs game".

Is this the sort of image we want to paint for Rugby League? Where players can lift their elbows in an attempt to knock their opponent out but walk free because they didn't achieve their goal?

Another who would be livid by this decision is Gavin Allen, the former Broncos prop who was outed for 8 weeks in 1994 for an elbow to Cronulla halfback Paul Green. Allen, like McCracken, claimed it was a shoulder charge gone wrong. The difference was Green suffered the full brunt of Allen's hit and suffered a broken cheekbone and jaw as a result. The penalty raised few complaints, except from the then frustrated and conspiracy obsessed Broncos management.

Virtually what is being said is that if the impact doesn't result in a serious injury, then it's OK. This is unacceptable, and it sets the most dangerous precedent. You can expect an open season of high shots, cocked elbows and mistimed shoulder charges, because players know if they shrug their shoulders, wink to their predecessors and say "you know how it is mate", they're going to walk free.

This is a great concern in this, the so called New Age of rugby league.