The Hockey News: Jason Kay's blog: THN.com Blog: Orr non-suspension doesn't add up

THN.com Blog: Orr non-suspension doesn't add up

Colton Orr, known for his penalty box appearances, has 43 PIM in 10 games this season. (Photo by Abelimages/Getty Images)

Jason Kay
2009-10-30 10:10:00

The lack of a suspension to Colton Orr for shoving a linesman is wrong on so many levels, it’s tough to know where to begin.

OK, it’s not that difficult. Let’s start with the obvious. It was blatantly illegal.

Don’t take my word for it. Read the NHL’s “Official Rules” book, 2009-10 edition, pg. 64, Rule 41.3 or 41.4. The former is an automatic 10-gamer for applying force to an official without intent to injure. The latter, an automatic three-gamer, covers applying force to a zebra “solely for the purpose of getting free of such an official during or immediately following an altercation.”

So, by the letter of the law, a hanging judge would give Orr 10 games, a benign arbiter three. Is there any other interpretation?

Clearly, the league believes so. Apparently, the NHL didn’t mete out supplemental discipline because the officials didn’t deem it an offense in their post-game report. And, in fairness, Rule 41.5 outlines a process by which the automatic suspension is levied, a course of action that depends on the game officials’ complaint.

But isn’t that just a cop out? How many times have we seen players banned for infractions that went un-penalized in the heat of battle? It happened just last week when Evgeny Artyukhin got three games for a slew foot that went undetected by the refs. Surely Gary Bettman, an omnipotent commissioner from what we’ve been told, has the authority to step in and pass judgment.

The league’s unwillingness to take action, and refusal to comment why not on the record, leaves us to draw conclusions. So here goes: 1. They believe Orr accidentally shoved Brian Murphy; or 2. They believe Orr was afraid of an unfair break-up – that Parros would get shots in while Murphy restrained him – so he was ostensibly acting in self-defense.

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Neither passes the sniff test.

The video indisputably shows Orr intending to fend off Murphy. He connects in the middle of the chest with an open hand and extends his arm. No accident.

As for a fear of getting pummeled while being held, where’s the proof? Murphy tried to enter the fray from the middle and had yet to lay a hand on either combatant.

Even if Orr were doing it out of “self preservation,” it doesn’t wash. He was engaged in an illegal act – a fight – and he’s obligated to respect authority.

And we can’t even invoke the “first-time offender” defense, one in which he could be let off with a warning. Orr was suspended five games in 2006-07 for a reckless head shot on Alex Ovechkin. He escaped a second suspension in 2007-08 for a hit on Matt Cullen many felt should have cost him a few games.

By leaving the onus with the officials in the most recent episode, the league is inviting chaos. Its decision to do nothing tells enforcers they can dictate when a tussle is to be ended; that respect for lawmen is optional; and that what should be black and white when it comes to the black and white is, as it turns out, grey.

Jason Kay is the editor in chief of The Hockey News and a regular contributor to THN.com. His blog appears Fridays.

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COMMENTS (16)

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ethies Posted
(2009-10-31 23:28:18)

"This was Bettmans oportunity to step in and say "you can kill each other for all I care but do not touch my officials". Bettman failed again. This really makes the NHL look bad" That's perfect. I don't care if he was just trying to 'fend off' the ref. I say let them beat the crap out of each other, but when the refs step in its over. I'm not going to sit here and have to debate with people about how much force a player can apply to a ref before a penalty/suspension is called. The answer is zero.

boondock_saint Posted
(2009-10-31 17:48:51)

...and maybe the zebra should have stayed out of the way.

calfilson Posted
(2009-10-31 16:51:47)

I was at the Pond on Monday night and had a great view. How could Orr have know he was there? He was doing the classic Barnaby move of waving off the the linesman, but the linesman had already started making his way in there. Orr barely touched him, but he was already off balance so he fell on his butt. It was more funny than anything else. Shame on this blogger for digging for a story where the NHL already determined that there wasn't one.

tomcotner Posted
(2009-10-31 16:00:06)

SHAME ON YOU JASON KAY for trying to manipulate your real behind the scenes topic. Isn't that what a typical politician would do ??? When are these FREAKS around the game who dislike fighting as part of the game gonna just move on to TIDDLY WINKS or BADMITTON or something more safer ??? Has anyone who disapproves of the COLTON ORR incident tried to understand that he WASN'T attempting to floor the official; he was just advising that the altercation had NOT yet been concluded, and to STAY OUT of the meelee until the proper time had arrived ??? And the bottom line, as it was pointed out by another poster is that the official himself knew that he had screwed up which is why he didn't bother to file a complaint against ORR !!!

beefjerky Posted
(2009-10-31 14:03:46)

I think this is a non issue that Kay is exploiting to further push his anti-fighting agenda. If the referee felt that the rule as stated wasn't broken and he didn't file a complaint, then the system is working properly and the referees are allowed to make these judgement calls. I shudder to think of what the game would be like if Kay was given his way and the NHL became the unicorn and puppy dog league.

big_bad_bob Posted
(2009-10-30 19:28:27)

I believe that the Orr case is just a symptom of a bigger problem. If the leader ship over the whole league (Bettman) does not make it clear that the league will not tolerate this kind of behavior (like using real suspensions and being barred from the NHL all together). When Bettman allowed Todd Bertuzzi back into the league (which made Marty McSorley's final incident look like a pimple on a goats butt), he set a precidence. He just said you can get away with almost killing someone. We are talking about basic human nature. People will stretch the rules as far as they can get away with. If they get caught and the consequences are great enough, everyone else may think twice before getting so ignorant. I have hopestly felt that ever since the Bertuzzi incident, Gary Bettman has not been good for NHL hockey or the sport of hockey in general. Parents are watching how the NHL handles problems and that dictates whether or not they want their kids to be associated with it or not. I have said this in the past, I lost a lot of talented kids out of our hockey league just because of the Bertuzzi incident. Parents told me that they don't want to see their kids get killed and they won't let them play. Do I blame them? No. The NHL has failed to be a sport with integrity and take care of problems properly. It time to say goodbye to Bettman and put someone like Mario Lemieux in his place. He's played the game and has some hockey common sense. Honestly, I would not have hired Bettman to lead the NHL. Look at the the NBA, have your ever seen a bigger group of overpayed gangbangers and hoods with rap sheets a mile long playing sports? If Bettman couldn't give the NBA any integrity, how can he do that in the NHL?

j_n_16 Posted
(2009-10-30 18:31:10)

For all you Leafs conspiracy theorists out there, I have a few words for you. 1993 Campbell Conference Fianls, game 6. Go look up that and tell me the NHL is in the Leafs corner. Plus, what's the point in fining Colton Orr? The NHL already gets plenty of money from the Leafs to give to Phoenix, what's another $2,500 gonna do?

aoystreck Posted
(2009-10-30 17:39:14)

It's almost too preposterous to be true, but the conspiracy theorist in me wonders if the league is giving the Leafs the kid-glove treatment in some misguided attempt to butter up MLSE on the territorial rights issue. How else can you explain Orr, who has a past, getting nothing for this, just a year after Grabovski got spanked for doing the exact same thing during a spat with the Kostitsyns? Add this to the incredible non-punishment of repeated tampering infractions this summer. I'm half-kidding on the quid-pro-quo thing, but you have to wonder what's going on here

jdizzle Posted
(2009-10-30 17:27:33)

Does anyone remember when Lysiak got 20 games for accidentally tripping a linseman? And this guy gets nothing??? When Joseph "accidentally" fell on McGeough he got nothing as well. Both Leafs......coincidence? I think not.

johnny Posted
(2009-10-30 17:15:38)

This was Bettmans oportunity to step in and say "you can kill each other for all I care but do not touch my officials". Bettman failed again. This really makes the NHL look bad. Sean Avery would have gotten 10 games for this move, Chris Simon would have gotten a year suspension but Orr, (who's record is not much better than Averys) a Mapleleaf, gets nothing even though it makes the NHL look inept and corrupt. I am not suprised that the NHL was not available for comment. This decision is an embarassment and the NHL Knew it before they announced it. I think they teams in the NHL deserve a better explanation of this decision. Is it illegal to push an official or not?, are they going to suspend the next guy that pushes an official?, if so what makes Colton Orr so special? Can you push Colin Campbell out of the board room before a suspension hearing without penalty or is it just the on ice officials that are to be pushed around?

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