RFU SHORT JUDGMENT FORM RFU REGULATION 19

Transcription

1 RFU SHORT JUDGMENT FORM RFU REGULATION 19 Match London Welsh RFC Jersey Reds RFC Club level 2 Competition Greene King IPA Championship Date of match 01/10/2016 Match venue Old Deer Park PAGE 1 Player s surname Selway Date of birth 17/7/1989 Forename(s) Nick RFU ID number Club name Jersey Reds RFC Plea Not admitted Offence Dangerous Tackle 10.4(e). SELECT: Citing PARTICULARS OF OFFENCE HEARING DETAILS Hearing date 05/10/2016 Hearing venue Bloomsbury Hotel, London Chairman Aidan O Brien Secretary Ms Rebecca Morgan Panel member 1 Ms Becky Essex Panel member 2 Mr Simon Wakefield Decision Other disposal (please state) See below ESSENTIAL ELEMENTS OF CITING/REFEREE S REPORT/DVD FOOTAGE Following the match between London Welsh RFC and Jersey RFC on 1 October 2016, Nick Selway of Jersey RFC ( J16 ) was cited for an alleged dangerous tackle against Josh McNally of London Welsh RFC ( L4 ), contrary to Law 10.4(e). The Citing Report reads: Sonny Parker (London Welsh, Team Manager) alerted me of the incident late Saturday night (23.21hrs, 01/09/16) via an and a text that London Welsh wanted to formerly cite Nick Selway of Jersey Reds. London Welsh had a free-kick just inside the Jersey half, they decided to tap and play. They were running down the clock as the referee (Darren Gamage) had indicated that there was 20 seconds left in the game. London Welsh No 4 (Josh McNally) during the attack supporting London Welsh No 8 (Kieran Murphy) into contact, when Jersey Reds No 16 (Nick Selway) tackled Josh with a swinging arm. There was no attempt by Nick Selway, to tackle with a shoulder or legally with the arms; it was a dangerous tackle, with a swinging right arm with the intent to harm. Josh McNally immediately fell to the ground in pain holding his right arm. After initial physio/medical treatment he tried to carry on but was in discomfort, the physio ran on again and once they briefly spoke he continued to set for the last scrum and play of the match. By dated 3 October 2016, L4 stated that: I have positioned myself on the outside shoulder of Kieran Murphy (KM). KM receives the ball, I latch onto KM with him kicking out towards the touch line, exposing my right arm. Taking contact and going to ground alongside KM, the Jersey hooker (16) has come in, post contact, with a swinging arm. My right arm has taken the majority of the impact resulting in major injury. By report dated 4 October 2016, Dr Martin Watson (Consultant Radiologist) reviewed an MRI whereupon it was confirmed that L4 had sustained a hyperextension, impact injury involving: Completely torn anterior band of the UCL. Intact posterior band. Partial tearing at the musculotendinous junction of the common flexors. Partial tear at the humeral attachment of the radial collateral ligament and lateral ulnar collateral Impaction injury in the lateral aspect of the capitellum but no radial impaction injury and no coronoid fracture.

2 By dated 5 October 2016, Jersey RFC submitted a Disciplinary Report which includes the following further statement from J16: All of the players were aware that there were only twenty seconds left in the game. We were one score down. At the club we run and run scenarios where we have a minute left and we have to regain possession. Our priority is to target the ball and get it back. We are trained to force the skill which means try and make the opposition make an error. As the player caught the ball I could see that he juggled it. My thought was to knock the ball out of his hands and force a knock on. This was made harder by the player going to floor and not try to take the tackle (in the video you can hear a team mate shout go down ). If the player had not conceded the tackle our contact would have been chest to chest. My target was the ball carrier and the ball. It was never the No. 4. I did make contact with the ball with my right arm and dislodged it causing a knock on. As I was going to the floor my right shoulder turned in and I landed with full force onto the arm of the No. 4. He was latched onto the player (No. 8) making a bridge with his arm. The arm was rigid at my point of contact. The whistle was blown and we were awarded the scrum. I was not aware that I had injured the player until we set up to scrummage. The No.4 also joined the scrum. No player said anything to me and the Assistant Referee said nothing and it happened directly in front of him. I regret that a fellow player was injured but at no time did I intend to make contact with him, let alone, cause him harm. I believe it was an unfortunate rugby incident. The Panel had the benefit of video footage of the incident and heard oral evidence from both J16 and L4. The Panel was also ably assisted by further representations from the Jersey RFC Chairman and Head Coach (all via telephone). J16 reiterated that his intention was to use his right arm to dislodge the ball from the ball carrier ( L8 ). J16 confirmed that his right arm made contact with the ball and did not directly strike the L8. J16 confirmed that following contact between his right arm and the ball he fell forwards and his weight came down on L4 s arm. It was therefore disputed that the movement of J16 s right arm had caused any injury. J16 further denied that he had attempted to tackle either L8 or L4 both players were going to ground as they approached him. It was therefore submitted that no act of foul play had occurred. L4 gave evidence to the effect that his impression was that J16 had not attempted to deliberately injure, albeit there was no need for the swinging right arm. L4 was asked to comment on the mechanism of his injury, when it was put to him that it may have been the weight of J16 subsequent to the movement of the right arm, he was unable to confirm or deny the same. Following submissions, the Panel accepted J16 s evidence that this incident did not involve a tackle or attempted tackle on L4 as alleged. It followed that the offence of dangerous tackling, committed against L4, was not proven. The precise cause of L4 s injury was difficult to ascertain, albeit on balance the Panel considered it most likely to have occurred as J16 fell to the ground and his body weight was applied to L4 s outstretched arm. Given the evidence available, the Panel went on to consider its power under regulation to amend the charge sheet so as to encompass an offence of Striking another Player with a hand, arm or fist (law 10.4(a)) or Dangerous charging or knocking down an opponent with the ball, including shouldering (law 10.4(g)). The Panel invited J16 and his representatives to take some time to consider these alternative offences and make any further submissions they wished. Following consideration, J16 and his representatives indicated that they would plead not guilty to both of these charges for the reasons already given. Following deliberations, the Panel concluded that the video footage showed that J16 s right arm did not make contact with L4. The Panel was unable to identify whether J16 s right arm had made any contact with L8 prior to dislodging the ball. No evidence was adduced from L8 to confirm whether contact had been made with him by J16 s right arm. It followed that there was no cogent evidence to support the contention that J16 had struck another player with his hand, arm or fist and/or that L4 s injury hand been directly caused by the movement of J16 s right arm.

3 The Panel went on to consider whether J16 s actions constituted dangerous charging. It was determined that an act of foul play had been committed. Notwithstanding this, the Panel determined that the act of foul play did not reach the red card threshold and no sanction was warranted. The citing was therefore not upheld and J16 is free to play again with immediate effect.

4 PLEASE TICK APPROPRIATE BOX Intentional/deliberate (a) Reckless (b) Gravity of player s actions (c) Nature of actions (d) Existence of provocation (e) Whether player retaliated (f) Self-defence (g) Effect on victim (h) Effect on match (i) Vulnerability of victim (j) Level of participation/premeditation (k) Conduct completed/attempted (l) Other features of player s conduct (m)

5 Entry point Top end* Click weeks Mid-range Click weeks Low end Click weeks *If top end, the Panel should identify an entry point between the top end and the maximum sanction ( ) - see Appendix 2 In making the above assessment, the Panel should consider the RFU guidance (Note 2) set out in Appendix 5 to Regulation 19. Significant weight should be given to RFU regulation (a), (h) and (i). Reasons for entry point: ADDITIONAL RELEVANT OFF-FIELD AGGRAVATING FACTORS (REGULATION ) Player s status as an offender of the Laws of the game (a) Need for deterrent (b) Any other off-field aggravating factors (c) Number of additional weeks: Click weeks

6 PAGE 5 RELEVANT OFF-FIELD MITIGATING FACTORS (REGULATION ) Acknowledgement of guilt (a) Player s disciplinary record/good character (b) Youth & inexperience of player (c) Conduct prior to and at hearing (d) Remorse & timing of remorse (e) Other off-field mitigation (f) Number of weeks deducted: - weeks NOTE: SUBJECT TO REGULATION , A DISCIPLINARY PANEL CANNOT APPLY A GREATER REDUCTION THAN 50% OF THE RELEVANT ENTRY POINT SUSPENSION SANCTION Banned from Click here to enter a date. Banned to Click here to enter a date. Ban split from Click here to enter a date. Ban split to Click here to enter a date. Free to play Immediately Total sanction 0 weeks Sending off sufficient Costs 0 Final date for appeal: Click here to enter a date. NOTE: UNDER RFU REGULATION , PLAYERS ORDERED OFF ARE PROVISSIONALLY SUSPENDED PENDING THE HEARING OF THEIR CASE, SUCH SUSPENSION SHOULD BE TAKEN INTO CONSIDERATION WHEN SANCTIONING Signature (Chairman) Aidan O Brien Date 06/10/2016 Signature (Secretary) Rebecca Morgan Date entered to GMS Not applicable