From what I have seen I would have to agree with both of you. But apparently the referees and the commissioner of the league David Branch didn't agree.
Michael Liambas the guy who threw the hit was suspended for the season. Which I think is pretty harsh. They keep using the excuses that Liambas is an Overager who throughout his career was always a "tough guy" and Fanelli is inexperienced and just 16.
I do pray for Ben Fanelli as he is in Hospital in severe condition with skull and facial fractures.
All in All interesting situation I never want to see someone get hurt but there is also the general rule that you need to keep your head up when you're on the ice.
http://www.tsn.ca/chl/story/?id=297187