The NHL has decided the 17 months Todd Bertuzzi was prevented from playing hockey is enough punishment for a punch that may have ended Steve Moore's career, a decision the lawyer for the former Colorado Avalanche player called disappointing.
Commissioner Gary Bettman said Monday Bertuzzi is ''immediately eligible'' to begin playing hockey. The high-scoring power forward can be in the lineup when the Vancouver Canucks open their season Oct. 5 against the Phoenix Coyotes.
In a 4,500-word ruling, Bettman said he believes Bertuzzi ''is genuinely remorseful and apologetic for his actions . . . and the consequences that have flowed from such actions.''
But Moore's lawyer Tim Danson said the ruling means Bertuzzi can earn $5.2 million US this year while his client doesn't know if he'll ever play hockey again.
''Steve Moore is disappointed by the decision because he is unable to resume his career and my never resume his NHL career,'' Danson said in an interview.
''Steve has an uncertain future. He's got health challenges to deal with. While he maintains a very positive attitude . . . at this point he really is in the hands of doctors who will have to make the determination whether or not he will be able to play again.''
Danson also denied reports in a Toronto newspaper that a doctor has given Moore medical clearance to play hockey again.
''That statement is significantly false,'' Danson said.
Canuck GM Dave Nonis said he spoke briefly with Bertuzzi.
''He was in good spirits and was very relieved,'' Nonis said.
''It's a decision he hoped he would receive.''
Bertuzzi's agent Pat Morris didn't immediately return telephone calls.
Hockey Canada has already sent a request to the Canucks that Bertuzzi be available for a Team Canada Olympic training camp next week in Vancouver and Kelowna.
''I'm glad the NHL has finally stepped in and put him back in the game and reinstated him,'' Wayne Gretzky, Team Canada's executive director, told TSN in an interview. ''Nobody condones what Todd did. I'm sure he'd be the first one to tell you it was a mistake.
''But you know it's time to move forward. We will invite him to our training camp. He's an elite player and I expect him to have a great year and be part of Team Canada come February in Italy.''
Clips of Bertuzzi stalking Moore down the ice, punching him on the back of the head, then falling on top of him, were shown on television across North America following the March 8, 2004, incident. It became fodder for many to criticize violence in hockey.
Moore was taken off the ice on a stretcher. He suffered fractured vertebrae his neck, cuts and a concussion.
Bertuzzi was given an indefinite suspension that cost him the remaining 13 regular-season games of the 2003-04 season and sidelined him for the Canucks seven-game playoff loss to the Calgary Flames.
He was not allowed to play for Canada in the September 2004 World Cup of Hockey and the May 2005 IIHF world hockey championship. The IIHF respected the NHL's suspension and wouldn't let him play in Europe during last year's NHL lockout.
Financially, the suspension cost Bertuzzi $501,926.39 US in salary, plus $350,000 in endorsement.
A television commercial featuring Bertuzzi was pulled soon after the incident.
Bettman said besides the money, Bertuzzi paid an emotional price.
''After listening to Mr. Bertuzzi and his wife Julie Bertuzzi, I have no doubt that this period of indefinite suspension has been mark by uncertainty, anxiety, stress and emotional pain for the Bertuzzi family,'' he said.
Bettman said the suspension also ''cost the team competitively, resulting in a less favourable 2004 playoff experience than the club otherwise may have achieved.''
Danson said Bertuzzi should be suspended for 82 games, the same penalty Marty McSorley received for clubbing Donald Brashear on the head with his stick.
He also rejected the idea Bertuzzi suffered during the lockout.
''I think the lost year shouldn't count,'' Danson said.
''Steve Moore was unable to play in Europe as well. I don't think it's proportional to the injuries that were suffered by Steve Moore.''
Bettman said he realizes that because of the labour dispute, some people may think a 17-month suspension is ''inadequate, and not proportionate to suspensions imposed on other players.''
''I am comfortable and confident that Mr. Bertuzzi suffered an even more significant impact financially and emotionally during the full term of his suspension,'' Bettman said.
''There is no one who can suggest that this matter has not already been dealt with in a severe and harsh manner.''
He warned Bertuzzi was ''on probation'' for the 2005-06 season.
''Mr. Bertuzzi is on notice that he will be held strictly accountable to a higher standard than other NHL players for his on-ice conduct during the 2005-06 season,'' he said.
In December Bertuzzi pleaded guilty to assault causing bodily harm and received a conditional discharge. He was sentenced to a year's probation and 80 hours of community service.
Part of that probation was that Bertuzzi not play hockey or engage ''in any other sporting activity involving Mr. Moore as a participant.''
Asked about Moore's health, Danson said Moore has improved to the point where he is attempting to train.
''He's trying to get back to where he was,'' Danson said Monday prior to the announcement. ''There's challenges. He's moving along.''
''He is determined to make a full recovery and resume his NHL career,'' Danson added. ''However he has suffered very serious injuries and a serious head injury. Even if you make a full recovery by appearances, concussion injuries are a different kind of injury.''
Moore has filed a civil suit in Denver naming Bertuzzi, former Canucks forward Brad May, Canucks coach Marc Crawford, former GM Brian Burke and Orca Bay Sports and Entertainment, which owns the team.
Bettman's decision was released the same day that Gretzky announced he was taking over as coach in Phoenix.
Danson wanted the league to delay its decision on Bertuzzi until after Moore had undergone comprehensive medical evaluation at the Cleveland Clinic in June.
The results of that examination won't be known until at least the end of the month.