RFU DISCIPLINARY PANEL RELATING TO (1) WILL CROKER; (2) NIALL CATLIN; (3) FREDDIE GLEADOWE; (4)

Transcription

1 RFU DISCIPLINARY PANEL RELATING TO (1) WILL CROKER; (2) NIALL CATLIN; (3) FREDDIE GLEADOWE; (4) MARK RANDELL; (5) CHRIS GUYETT; (6) STEPHEN TRISTRAM; and (7) DAVID CRABBE Venue: Holiday Inn, Bloomsbury, London Date of hearing: Wednesday 17 th December 2014 Panel: Sir James Dingemans; Robert Horner; Meg Gardiner Secretary: Sam Dimmock Attendance: James Segan, Gerard McEvilly and Charlotte Mitchell-Dunn on behalf of the RFU; Tim Flower on behalf of Mr Will Croker, Mr Niall Catlin and Mr Freddie Gleadowe all of whom were present; Gary Self on behalf of Mr Mark Randell who was not present; Mr Chris Guyett was not represented and did not attend, but relied on his earlier communications; Tim Naylor on behalf of Dr Stephen Tristram and Mr David Crabbe, both of whom were present. Mr John Byett was present for part of the proceedings. Introduction 1. This is a judgment in respect of a hearing before the Disciplinary Panel which took place on the evening of Wednesday 17 th December The hearing was to consider the charges brought by the RFU, represented by James Segan, for

2 conduct prejudicial to the interests of the game, contrary to RFU Rule 5.12 against Will Croker, Niall Catlin, Freddie Gleadowe represented by Tim Flower, Mark Randell represented by Gary Self, Chris Guyett who was not represented, Stephen Tristram and David Crabbe represented by Tim Naylor. Although Chris Guyett was neither present nor represented he had co-operated with the process and had accepted the charge against him. 2. The charges, and there were 4 separate charges all alleging conduct contrary to RFU Rule 5.12, arose out of the circumstances in which Chris Guyett, an unregistered player at Basingstoke RFC, came to make his 1 st XV debut for Basingstoke RFC against Guildford RFC on Saturday 13 th September 2014 while the match card showed the name of Chris Kiernan. Chris Kiernan is another registered player at Basingstoke RFC who was in the process of making a comeback from a knee operation. 3. At the hearing we had written evidence and submissions on behalf of all the parties, and we heard evidence during the course of the evening from Will Croker, Niall Catlin, Freddie Gleadowe, Stephen Tristram and David Crabbe. We heard submissions from Mr Segan, Mr Flower, Mr Self and Mr Naylor. We are very grateful to all the parties for their evidence and to the representatives for their written and oral submissions. We have set out our findings on the evidence below. The parties and the selection meeting 4. Will Croker was the 1 st XV team coach, and he had been employed by Basingstoke RFC from June 2014 on an 11 month contract for 18,000. Niall

3 Catlin was the 1 st XV team skills coach. Freddie Gleadowe was the 1 st XV team captain, although he was not playing on the day. Mark Randell was the 1 st XV team manager and responsible for, among other things, player registration. He has been very involved with Youth Rugby in Hampshire. 5. Chris Guyett was a member of Basingstoke RFC and had, in the weeks leading up to the match against Guildford RFC, been training hard to have the opportunity for his debut in the 1 st XV. 6. Stephen Tristram was the Club Chairman of Basingstoke RFC, and had been for some 20 years, and he also acted as club doctor. David Crabbe was the Honorary Secretary of Basingstoke RFC and had been for 14 years. He had before that been an Assistant Treasurer of the Club. 7. It appeared that the selection meeting for Basingstoke RFC 1 st XV takes place on a Tuesday night but that last minute changes to the teams occur regularly. Chris Guyett was selected for the 1 st XV, and was shown as playing in the match day programme. It also appears that Mark Randell was away on a business trip at this time although the team details are sent out by . The events of Saturday 13 th September The match against Guildford RFC was an away game for Basingstoke RFC. It was a 3 pm kick off. It appears that Mark Randell received the official match card, on which to fill in the players names, from the Guildford RFC manager at

4 about 1.50 pm, and received confirmation of the selected team from Will Croker at about 1.55 pm. 9. Thereafter Mark Randell checked the selected team against the RFU list of registered players and discovered that Chris Guyett had not been registered for Basingstoke RFC. An unfortunate feature of this whole affair is that it seems that there was no reason why Chris Guyett could not have been registered for Basingstoke RFC. He was not (as it was said in the evidence) a ringer, and his registration had been overlooked by Mr Randall who, to his credit, took full responsibility for that failure. However the consequence of the failure to register Chris Guyett was that he could not play for Basingstoke 1 st XV against Guildford 1 st XV on that day. The importance of registration is well known. It, among other matters, enables clubs to be sure that they are playing genuine club players from the opposing team, and permits the RFU to ensure that a system for discipline is fairly and effectively managed. 10. Niall Catlin and Will Croker were then informed about Chris Guyett s nonregistration. It then appeared that Will Croker and Niall Catlin made the decision to play Chris Guyett as Chris Kiernan. Chris Kiernan, who had nothing to do with this matter, was a registered Basingstoke RFC player, but was in the process of getting back to playing after an operation. Mark Randell was then told about this and completed the team sheet showing Chris Kiernan as playing. 11. It appears that this decision was suggested by Will Croker and Niall Catlin, and then agreed to and carried out by Mark Randell. It is only fair to the parties to

5 note that this was a decision made on the spur of the moment, it was not a decision which had been planned in advance. It is also fair to Mark Randell to note that he did suggest alternatives to the decision, such as playing persons who were registered and who were there for the 2 nd XV. 12. However the decision was not changed. It is now common ground that it was a very poor decision, and inconsistent with the core values of rugby including sportsmanship, discipline and respect. It is to the credit of Will Croker, Niall Catlin and Mark Randell that they have all expressed genuine remorse for the decision that was made. 13. It appears that Freddie Gleadowe, who was the 1 st XV captain but who was not playing on the day, and Chris Guyett were both informed of the decision and did not say that the decision was wrong, or that they would not be party to any such decision. 14. It seems that, after a period of reflection during the warm ups, it was decided to check the decision with what Mr Croker described as his line management. It appears that his actual line manager, John Byett, was not at the game, and so Niall Catlin went to see Stephen Tristram, the Chairman. 15. It is only fair to note that Stephen Tristram and David Crabbe had been having lunch with committee members from Guildford RFC before the conversation with Niall Catlin, and that Stephen Tristram had been making a speech just before he was seen by Niall Catlin.

6 16. It should be noted that there is a dispute about the time at which the conversation between Stephen Tristram and Niall Catlin took place. Will Croker was clear that the conversation must have been at some stage between 2.35 pm and the start of team runs at 2.40 pm, but Stephen Tristram was clear that the conversation must have been after 2.50 pm. Both versions of events had some support from outside events, such as the timing of team runs, and the conclusion of the lunch and checking of watches. Both versions of events had support from other witnesses, including a written statement from Gareth Lewis on the timing supporting the evidence as to timing given by Stephen Tristram. 17. There was also a dispute before us about the content of the conversation, and the parties to the conversation. Niall Catlin stated that he had told Stephen Tristram words to the effect that they were not sure that Chris Guyett was registered and that they would play Chris Guyett as Chris Kiernan. The conversation took place at the top of the stairs outside the club room in which lunch had just been served, and David Crabbe was not present. Stephen Tristram said that the conversation took place in the landing area of the stairs after lunch had just finished and Niall Catlin had said words to the effect that Chris Guyett might not be registered and that they would be listing Chris Kiernan, and that Stephen Tristram asked whether he should tell Guildford RFC and was told not to do that. David Crabbe said that he was present when the conversation took place between Niall Catlin and Stephen Tristram, that the conversation took place just after he had come out of the dining room, and he understood that there was some issue about Chris Guyett s registration and that they might play Chris Kiernan. It was suggested to

7 David Crabbe, in questioning on behalf of Will Croker and Niall Catlin, that he had pretended to have overheard the conversation in order to provide support to Stephen Tristram. 18. It should be noted that in an dated 22 September 2014, sent at 8.40 am, Dr Tristram said I was leaving the function room when I was approached by Niall Catlin. David Crabbe was beside me and Niall explained that Chris Guyett, one of the reserve players was not registered and they were listing Chris Kiernan in his place. I commented do you want me to inform Guildford and Niall answered `no don t do that I saw Chris Guyett on the touchline and it began to dawn on me the significance of our actions. In an dated 22 September 2014, sent at 9.10 am, David Crabbe said On the way down with Steve just ahead I was stopped by Niall who had also stopped Steve. Niall and Steve explained that they were not sure whether Chris Guyett (who I did not know) was registered and that they were playing him as Chris Kiernan. Niall did not ask for my opinion, I was told of the decision, in all this took less than 30 sec It is obvious from the version of events given by Stephen Tristram and David Crabbe in their s that it is not the same as the version of events given to us at the hearing. This is because in evidence before us both Stephen Tristram and David Crabbe suggested that although there was some discussion about whether Chris Guyett was registered, their understanding was that Chris Kiernan would play if that turned out to be the case. If that was their understanding it does not explain the comment in the s about the significance of our actions

8 dawning on Stephen Tristram, or David Crabbe s statement that they were playing him as Chris Kiernan. 20. Having heard and read all the evidence, including the written evidence supporting Stephen Tristram we find that the version of events set out in the s dated 22 September 2014, which is consistent with the evidence of Niall Catlin, is accurate as to the conversation which took place between Niall Catlin and Stephen Tristram, which was witnessed by David Crabbe. Although the s were not exactly contemporaneous, and there is always a possibility that the s might reflect an understanding of matters acquired later, both s are drafted on the basis what Stephen Tristram and David Crabbe were told, and they are not a synthesis of all the evidence. The s were closer in time to the events, and are therefore more likely to be reliable. The s are consistent with the evidence given by Niall Catlin. 21. In these circumstances we accept that Niall Catlin had told Stephen Tristram that there were doubts about the registration of Chris Guyett, and that he would be played as Chris Kiernan. We accept that the significance of this did not immediately register with Stephen Tristram which explains his comment about reporting the matter to Guildford RFC, but the material fact, namely that Chris Guyett would be listed as Chris Kiernan, was communicated and understood by both Stephen Tristram and David Crabbe. 22. We also accept that David Crabbe did witness the conversation. We reject the suggestion that he made up his part of the conversation to support Stephen

9 Tristram, thereby implicating himself. David Crabbe had been consistent that he had witnessed the conversation, and it was hardly in his own interests to implicate himself in knowing about the wrongdoing unless it was true. 23. The effect of this, admittedly very short, conversation was that the very poor decision made by Will Croker and Niall Catlin, agreed to and executed by Mark Randell, was not altered or set aside. This meant that Chris Guyett remained listed to play on the match card as Chris Kiernan, and indeed came on to play about 20 minutes of the game. 24. It is also common ground that shortly before kick off there was a conversation between Will Croker and Stephen Tristram. There is some dispute about what was said. Will Croker stated that Stephen Tristram said words to the effect that Stephen Tristram was not comfortable with the decision and that he hoped that Guildford would not know either Chris Guyett or Chris Kiernan. Stephen Tristram remembered a conversation but could only recall asking Will Croker whether he was confident about the game. We accept Will Croker s evidence about this conversation, which has been consistent. It is also consistent with Stephen Tristram s dawning realisation of the full implications of the decision made by the coaching team, which decision had not been countermanded by either him as Chairman or by the Secretary of the Club. Events after the game 25. It is apparent that Mark Randell was very concerned about the decision that he had been party to, and phoned Stephen Tristram the next day. Various persons were

10 contacted and an emergency meeting was held on Tuesday evening, which was the first time that all relevant persons could attend. It was decided to report the wrongdoing to the League, and accept the appropriate sanction. It is to the credit of the club, and the relevant parties before us, that everyone agreed to this course of action. 26. Subsequent events show that there was an internal club investigation, and Basingstoke RFC was deducted 5 points for fielding an unregistered player and 10 points for submitting a false name on the match card. The RFU was informed of these events in an anonymous letter from someone, and investigated the circumstances before bringing these proceedings. Charges proved 27. It was common ground at the hearing that Will Croker, Niall Catlin, Freddie Gleadowe, Mark Randell and Chris Guyett were all guilty of conduct prejudicial to the interests of the union or game contrary to RFU rule 5.12 for their parts in either making the decision to field an ineligible player and to falsify the match card or becoming aware of the decision and not preventing it. 28. In the light of our findings of fact it became common ground that Stephen Tristram was guilty of conduct prejudicial to the interests of the union or game contrary to RFU rule 5.12 for his part in becoming aware of the decision to field an ineligible player and to falsify the match card and not preventing it.

11 29. It was submitted on behalf of David Crabbe that, even in the light of our findings, he was not guilty of conduct prejudicial to the interests of the union or game contrary to RFU rule 5.12 because he had not been asked for his view, he had simply overheard the conversation between Niall Catlin and Stephen Tristram and had done nothing. We reject that submission. David Crabbe was the Secretary of the Club. He had held that position for 14 years. He was told of the decision to field an ineligible player and to falsify the match card before the match started, and he did nothing to prevent it. If he, as Secretary, had said that the decision was wrong, and wholly contrary to the proper purposes of the game (which it was), we have no doubt on the evidence before us that the decision would not have been carried out. However he did not act in that way, and his conduct in failing to do the proper thing is conduct prejudicial to the interests of the game or union. It is true that he was not the primary decision maker, and he was not the person asked about the decision, but that does not mean that he did not, as Secretary of the Club, have a responsibility to act when he became aware of matters. 30. In these circumstances we find the charges proved by the RFU against Will Croker, Niall Catlin, Freddie Gleadowe, Mark Randell, Chris Guyett, Stephen Tristram and David Crabbe. Appropriate sanctions 31. We were very grateful for the considerable assistance provided by the parties on the issue of sanctions. It appeared that the only cases in which issues of this type had been considered by RFU panels arose out of the match between Crawley v Crowborough, decided by Disciplinary Panel on 3 rd June 2012 and by an appeal

12 panel on 18 th September In that case Crawley RFC fielded an unregistered player, who did not appear to have previous connections with Crawley RFC, under a false name. The player was sent off, and Crawley RFC pretended to Sussex, as the relevant Constituent Body, that there had been an internal disciplinary hearing, and that the player was unable to attend disciplinary hearings, before admissions were then made to Sussex and the RFU. 32. It is apparent that the course of wrongdoing was very much longer than involved in this case, and that the deceit of Sussex meant that the wrongdoing was of a much higher level of seriousness. In that case coaching staff and the Chairman and the Club were banned from playing, coaching or having any involvement with the administration of the club for one year. That would have given a starting point, before mitigation for pleas of up to 2 years. In the case of one party the sanction was suspended for 3 years because of the dire position that Crawley RFC found itself in, and because that party was needed to try and sort matters out. 33. One party appealed on the basis that the sanction related to playing, that he would lose a very considerable income if he was banned from playing, and that he had done nothing wrong as a player. The RFU Appeal panel increased the ban from involvement in administration to 2 years, but set aside the ban on playing. Given the plea of guilty it suggests that a starting point of up to 4 years may have been taken. 34. It is also right to note that there are examples where other clubs have fielded ineligible players and submitted false match cards, but appear only to have had

13 points deducted. We do not have full details of the wrongdoing by individuals in those cases, but are prepared to assume that there must have been individual wrongdoing. However the fact that proceedings were not taken by the CB or RFU in such a case does not mean that we should not impose any sanction in this case. 35. In our judgment the evidence showed that the original decision was made by Will Croker and Niall Catlin, and assented to and executed by Mark Randell. This was a very poor decision which was inconsistent with the core values of the game. It involved the deception of the authorities by falsely recording a name. It is fair to note that so far as Will Croker and Niall Catlin were concerned the issue arose at the last minute, and it is fair to note that Mark Randell expressed concerns about the decision throughout the process. It is also fair to note that it was decided to check with the Chairman. 36. In these circumstances we have considered that the appropriate starting point for the offence for both Will Croker and Niall Catlin would be a ban for 4 months from involvement with coaching and administration, before giving full credit, equivalent to the IRB maximum of 50 per cent, for self reporting, co-operation and admissions. This gives a penalty of a 2 month ban. It was submitted on behalf of Will Croker that any form of ban would involve a disproportionate penalty, because he was being paid for his work, and was at the time new to coaching. We accept that Will Croker may suffer a financial penalty (depending on his contractual terms and what, if any, further action is taken by the Club) but in our judgment it is right to impose a ban. This was serious and conscious wrongdoing, mitigated by admissions and co-operation after the event.

14 37. So far as Mark Randell was concerned we consider that his wrongdoing was of a slightly lower magnitude than that of Will Croker or Niall Catlin. This is because he was not the primary decision maker, but he did participate and execute the decision. It is also apparent that he had early misgivings, and expressed them. It was submitted that credit should be given for the fact that he had absented himself from Basingstoke RFC and Hampshire Youth Rugby since these matters came to light, and that we should therefore reduce his ban. It was also noted that he was coaching his son s side, and it was submitted that we should permit that to continue. We consider that Mark Randell s starting point is 3 months, and that he is entitled to full credit, giving a ban of 1 ½ months. We do not consider that we should reduce the ban because he had stepped away from Basingstoke RFC or Hampshire Youth Rugby following the incident, because that was not as part of a ban, although it showed obvious contrition which we have taken into account. We also consider that the ban should extend to all coaching, because these matters arose in the context of decisions about fielding players. The position might have been different if there had been no one else to provide coaching to his son s side. 38. So far as Freddie Gleadowe and Chris Guyett are concerned we consider that their culpability was the lowest of all the parties. They have properly admitted their failings, and co-operated. They have suffered the penalty of being part of a team with a 15 point deduction. In the circumstances we consider that a formal reprimand to them for their conduct is sufficient punishment.

15 39. So far as Stephen Tristram is concerned he was specifically asked about the very poor decision which had been made by the coaching staff, and he did not put a stop to it. It is fair to note that the conversation was very brief, he had just given a speech and he was not immediately thinking about what was being done. However he realised what was being done before the game, and even spoke to Will Croker about it. We consider that, as he was not the primary decision maker, but was an important part of the path to the execution of the decision, his starting point should be 3 months. It is fair to note that he was an important part of the decision making process which led to the club reporting itself, and he deserves credit for that. He has also co-operated in these proceedings, but his credit has to be reduced to take account of the fact that he gave evidence inconsistent with the earlier frank admissions in his . We consider that in the circumstances a ban of 2 months is appropriate. 40. That leaves David Crabbe. It is right to note that his involvement was less than that of Stephen Tristram, because he was not asked for his opinion and he did not volunteer his opinion. However he was Club Secretary, and could have put a stop to Chris Guyett playing under the name of Chris Kiernan. His starting point should be 2 ½ months. It is fair to note that he was an important part of the decision making process which led to the club reporting itself, and he deserves credit for that. He has also co-operated in these proceedings, but his credit has to be reduced to take account of the fact that he gave evidence inconsistent with the earlier frank admissions in his and the fact that he persisted in stating that there was no conduct contrary to RFU Rule In the circumstances we impose a ban of 1 ½ months.

16 41. Given the timing of the hearing and this judgment, and in order to ensure that any sanction is effective given the Christmas holidays and the absence of games until 3 rd January 2015, the bans will come into effect on 1 January Conclusion 42. For the detailed reasons set out above we find the charges contrary to RFU Rule 5.12 proved by the RFU against all the parties, and we impose sanctions as follows: Will Croker shall not be permitted to have any part in the coaching of any rugby club or county or have any part in the administration of any rugby club or county between 1 st January 2015 and midnight on 28 th February Niall Catlin shall not be permitted to have any part in the coaching of any rugby club or county or have any part in the administration of any rugby club or county between 1 st January 2015 and midnight on 28 th February Stephen Tristram shall not be permitted to have any part in the coaching of any rugby club or county or have any part in the administration of any rugby club or county between 1 st January 2015 and midnight on 28 th February Mark Randell shall not be permitted to have any part in the coaching of any rugby club or county or have any part in the administration of any rugby club or county between 1 st January 2015 and midnight on 14 th February David Crabbe shall not be permitted to have any part in the coaching of any rugby club or county or have any part in the administration of any rugby club or county between 1 st January 2015 and midnight on 14 th February 2015.

17 Freddie Gleadowe shall be reprimanded for his part in the decision to play an unregistered player under a false name. Chris Guyett shall be reprimanded for his part in the decision to play as an unregistered player under a false name. James Dingemans Robert Horner Meg Gardiner 22 December 2014