DISCIPLINARY DECISION Match Samoa U20 v Romania U20 U20 Trophy Player s Union Samoa Competition U20 Trophy Date of match 1 September 2018 Match venue STADIONUL NATIONAL ARCUL DE TRIUMF, BUCURESTI Rules to apply Tournament Disciplinary Program. PARTICULARS OF OFFENCE Player s surname FOMAI Date of birth Forename(s) Fomai Referee Name Tasuku Kawahara (Japan). Plea Admitted Not admitted Offence Law 9.18 ("tip tackle"). SELECT: Red card Citing Other Summary of Sanction 5 match suspension to run from 1 September 2018 to 30 September 2018 inclusive. Suspension includes Rounds 3 and 4 of the U20 Trophy to be played in the week commencing 3 September 2018. HEARING DETAILS Hearing date 2 September 2018. Hearing venue Skype video conference Chairman/JO Other Members of Disciplinary Committee Jeremy Summers (England). Donal Courtney (Ireland) (former international referee). Val Toma (Romania) (former referee). hearing. Appearance Player YES NO Appearance Union YES NO Player s Representative(s) List of documents/materials provided to Player in advance of hearing Rudy Leavasa Head Coach Samoa U20. Onosai So o - Manager Samoa U20. Referee's Report on Ordering Off Assistant Referee's Reports (2) on Ordering Off Letter from Romania U20 #11 Letter from Team Doctor Romania U20 Notice of Hearing Match Footage Disciplinary Officer and/or other attendees Yvonne Nolan DDO. Steve Hinds, Peter Larter and Patrice Frantschi ( WR CCs observing with consent of the Player). SUMMARY OF ESSENTIAL ELEMENTS OF CITING/REFEREE S REPORT/DVD FOOTAGE The Referee's report recorded an incident in the 25 th minute of the second half (score 31-10) as follows: 180903 U20T JC Decision Fomai (Samoa) Page 1 of 8
Samoa player No. 24 in the tackle lifted Romania player above horizontal and dropped him onto the ground very dangerously. I received report from ARs and it was the same as mine. Decision was to award a Red Card. The Reports from the ARs recorded similar detail. The match footage comprised a single, side on, angle from some distance. This accordingly did not readily enable the incident to be viewed with precision. The footage however showed Samoa kick long from close to their goal line following a free kick. The ball was caught just beyond the Romania 10m line and passed in-field to R11 who attacked at the Samoa defensive line in the middle of the field. In so doing, R11 ran into the Player's channel who made an unassisted tackle. The Player's right arm is seen to wrap under the left leg of R11. There is then an almost immediate but secondary action which sees the Player's elbow angle in a classic lifting motion. R11 is taken through the horizontal and, in effect, to a full vertical position as reflected in the freeze frame shot below taken from the match footage: 180903 U20T JC Decision Fomai (Samoa) Page 2 of 8
It was not possible to determine from the footage whether the Player dropped and /or drove R11 into the ground, but it appeared that he remained in general contact with R11 throughout the contact, as isagain reflected on the still. R11 was seen immediately to get up and did not receive medical attention on the pitch. Following consultation between the match officials the Player was issued with a Red Card. A letter from R11 following the incident indicated that he had landed on the "back of my neck and top of shoulder". ESSENTIAL ELEMENTS OF OTHER EVIDENCE (e.g. medical reports) The letter from R11 also confirmed that he had not sustained any injury in consequence of the incident. That position was further confirmed in a letter from the Romanian team Doctor. SUMMARY OF PLAYER S EVIDENCE In advance of the hearing and in response to directions issued by the Chairman, the Player accepted that he had committed an act of foul play and that this had warranted the issue of a Red Card. That position was further set out in a personal letter from the Player in which he apologised to R11 and the match officials. The Player gave evidence before the Committee and stated that he had not intended his tackle to have been executed as it had, but that he had been caught up in the excitement of the moment. He confirmed that he was aware of the risk (of serious injury) that arises when an opponent is lifted in the way that R11 had been, and had appreciated that risk at the time. He was fulsome and genuine in his apology and was candid in explaining that he hoped he would learn from the experience and not make the same mistake again. The Player is 20 years old and won his first U.20 cap in Round 1 of the tournament (Hong Kong). He has been playing rugby since he was 12 and had a previously clear disciplinary record. He plays in Samoa for Magiagi and Eels. FINDINGS OF FACT The Committee carefully considered all the evidence. The Player had been chasing a clearance kick and R11 had run into his defensive channel. The Player wrapped himself below the waste of R11 and then used his right arm to lift R11 off the ground. 180903 U20T JC Decision Fomai (Samoa) Page 3 of 8
The force of that lift, rather than the dynamics of the contact, saw R11 taken through the horizontal plain and into an almost vertical position, where his head appeared to be pointing directly to the ground. R11 was able to alter his body position such that he avoided his head impacting with the ground. On the evidence available, It was not possible to make a formal finding as to whether R11 had been dropped and/or driven into the ground, but on balance it was likely that R11 had been dropped with the Player's weight then adding to the fall. R11 appeared to land on his upper back/shoulder, but no injury resulted. DECISION Breach admitted Proven Not proven Other disposal (please state) SANCTIONING PROCESS ASSESSMENT OF SERIOUSNESS Assessment of Intent R 17.19.2(a)-(b) (or equivalent Tournament rule) Intentional/deliberate Reckless State Reasons The Player plainly lifted R11 and thus a degree of intentionality was present in the offending. However, that element aside, the Committee found that the Player's actions had been reckless. The tackle had been poorly executed, but not malicious. Gravity of player s actions R 17.19.2(c) (or equivalent Tournament rule) As the Player accepted, lifting an opponent in the way that he had carries with it the inherent risk of serious injury resulting. As such there is an obvious and clear gravity to this type of offending which is reflected in seriousness with which World Rugby views a lifting (tip) tackle. Nature of actions R 17.19.2(d) (or equivalent Tournament rule) In the course of attempting to effect a lawful tackle, the Player lifted an opponent off the ground, took him to a near vertical position and thereafter did nothing to protect him. Existence of provocation R 17.19.2(e) (or equivalent Tournament rule) None relevant to the offending. Whether player retaliated R 17.19.2(f) (or equivalent Tournament rule) Retaliation was not a relevant factor. Self-defence R 17.19.2(g) (or equivalent Tournament rule) 180903 U20T JC Decision Fomai (Samoa) Page 4 of 8
Not relevant to the offending. Effect on victim R 17.19.2(h) (or equivalent Tournament rule) As above, fortuitously in the finding of the Committee, no injury was sustained. Effect on match R 17.19.2(i) (or equivalent Tournament rule) Vulnerability of victim R 17.19.2(j) (or equivalent Tournament rule) A Player lifted through the horizontal is inherently vulnerable to serious injury. Level of participation/premeditation R 17.19.2(k) (or equivalent Tournament rule) The offending was not premeditated. Conduct completed/attempted R 17.19.2(l) (or equivalent Tournament rule) Completed. Other features of player s conduct R 17.19.2(m) (or equivalent Tournament rule) ASSESSMENT OF SERIOUSNESS CONTINUED Entry point Top end* Weeks Mid-range Weeks 10 Low-end Weeks *If Top End, the JO or Panel should identify, if appropriate, an entry point between the Top End and the maximum sanction and provide the reasons for selecting this entry point, below. In making this assessment, the JO/Committee should consider World Rugby Regulations 17.19.2(a), 17.19.2(h), and 17.19.2(i) or the equivalent provisions within the Tournament Rules referred to above. Reasons for selecting Entry Point above Top End 180903 U20T JC Decision Fomai (Samoa) Page 5 of 8
ADDITIONAL RELEVANT OFF-FIELD AGGRAVATING FACTORS Player s status as an offender of the Laws of the Game R 17.19.4(a) (or equivalent Tournament rule) Not applicable. Need for deterrence R 17.19.4(b) (or equivalent Tournament rule) Any other off-field aggravating factors R 17.19.4(c) (or equivalent Tournament rule) Number of additional weeks: 0 RELEVANT OFF-FIELD MITIGATING FACTORS Acknowledgement of guilt and timing R 17.19.5(a) (or equivalent Tournament rule) The Played had admitted the breach fully and immediately. Player s disciplinary record/good character R 17.19.5(b) (or equivalent Tournament rule) Clear disciplinary record. Youth and inexperience of player R 17.19.5(c) (or equivalent Tournament rule) The Player is relatively young, but that does not excuse the offending. Conduct prior to and at hearing R 17.19.5(d) (or equivalent Tournament rule) The Player conducted himself in a manner which did him credit. Remorse and timing of remorse R 17.19.5(e) (or equivalent Tournament rule) The Player was clearly remorseful and had apologised to R11 in person after the game in addition to sending a letter of apology to World Rugby. Other off-field mitigation R 17.19.5(f) (or equivalent Tournament rule) Number of weeks deducted: 5 180903 U20T JC Decision Fomai (Samoa) Page 6 of 8
Having regard to all the mitigating factors present, the Committee was satisfied that the Player was entitled to a 50% deduction from the entry point, being the maximum discount permitted by the TDP. SANCTION NOTE: PLAYERS ORDERED OFF ARE PROVISIONALLY SUSPENDED PENDING THE HEARING OF THEIR CASE, SUCH SUSPENSION SHOULD BE TAKEN INTO CONSIDERATION WHEN SANCTIONING R 17.14.5(f) (or equivalent Tournament rule) Total sanction 5 weeks. Sending off sufficient Sanction commences 1 September 2018. Sanction concludes 30 September 2018. Matches/tournaments included in sanction 2 tournament matches (both in the week commencing 3 September 2018) and three further weeks thereafter. See further below: Costs Signature (JO or Chairman) Jeremy Summers Date 3.9.18 NOTE: YOU HAVE 48 HOURS FROM NOTIFICATION OF THE DECISION OF THE CHAIRMAN/JO TO LODGE AN APPEAL WITH THE TOURNAMENT DIRECTOR R 17.22.2(a) (or equivalent Tournament rule) (see Page 6) 180903 U20T JC Decision Fomai (Samoa) Page 7 of 8
Note: The Player submitted the following playing schedule: DATE GAME NO WHERE TIME 05/09/2018 1 Arc De Triumf Stadium 1300 09/09/2018 2 Arc De Triumf Stadium TBC 15/09/2018 3 Blue Sky 7 s SRU Rugby Field TBC 22/09/2018 4 Blue Sky 7 s SRU Rugby Field TBC 29/09/2018 5 Blue Sky 7 s SRU Rugby Field TBC The Committee gave very close consideration to the Blue Sky 7's tournament specified and sought further information on this during the hearing. Having done so, it was willing to accept that this tournament fell to be regarded as representing a meaningful period of suspension as required by TDP: The Tournament is part of the Samoa national 7s programme and selection is made to the Samoan national development 7s squad and on the basis of performance at the tournament. The tournament was staged last year and provided a similar pathway to the national team. The Player is a 20 year old fly-half and thus someone who would reasonably be expected to have the potential for a 7s career. In this regard, he has already been nominated for the Samoa A 7's squad. 180903 U20T JC Decision Fomai (Samoa) Page 8 of 8