I honestly don't understand why so many people are trying to defend Jeff Hardy or make excuses for his behavior. Not only should TNA not even remotely consider putting the TNA World Heavyweight Championship on Jeff Hardy until/unless he's found not guilty, but they should also not have yet another tournament. As far as tournaments go, I'm actually kind of sick of them. As with gimmick matches, TNA tosses tournaments around as if they're nothing and they do it so often that the tournaments lose a lot of meaning in my book. On top of that, BFG will mark roughly 2 months since TNA hasn't had a World Heavyweight Champion. RVD just got off a pretty lackluster run, in my opinion, without having had any real significant matches or feuds as champions so couple RVD's reign with the title's vacancy and you have a championship that really needs some stability.
As for Jeff Hardy, Hardy is simply not the wrestler he was 13-14 months ago. Some of that is due to TNA's booking of him, though I can't necessarily criticize them for that because they've been caught between a rock and a hard place on that. TNA hasn't really been able to push Hardy significantly with this criminal trial hanging over his head because the TNA brass doesn't know when or how often Hardy's presence in court might be required. The NC courts aren't going to adjust their schedule to accomodate Jeff Hardy's wrestling career.
Let's just say for the sake of argument that Hardy would have been pushed the exact same way by TNA if the charges had never been brought in the first place. In all the time Hardy has been in TNA, he really hasn't done anything to warrant being TNA World Heavyweight Champion in my view. Granted, that didn't stop them from giving RVD the championship but, then again, RVD's run wasn't exactly the spectacle fans were expecting. And, in an even more basic sense, Jeff Hardy's past troubles seem to have caught up with him so why should he be rewarded with a World Title run all the same?