maybe max getting physically assaulted wasnt/isnt such a rare or reportable occurance? he is one hell of an annoying fekker.. probably happens every race meet
I remember reading an interview with the Hayster in which he said that he and Max, "almost came to blows." So maybe it was Hayden.
Or maybe Rossi decided to dress up as Yankee Doodle and throw Max around a bit.
Edited to add: In the above quote "blows" means a fist fight. You know, delivering a blow with your fist...ahh forget it! Get your minds out of the gutter!