In the matter of the Rugby Football Union Disciplinary proceedings concerning RFU Rule 5.12 In relation to: Locksheath Pumas RFC RFU ID: 0062350 Judicial Officer: Gareth Rees QC The matter was dealt with on the basis of written submissions DECISION a. A points deduction of five points for Locksheath Pumas RFC 1 st XV to be applied immediately to their current points total (in the Snows Group Hampshire Two League) for the 2016/2017 season; b. A suspended points deduction of five points for Locksheath Pumas RFC 1 st XV until the conclusion of the 2017/2018 season; and c. A donation of 500.00 payable to charity chosen by Red Funnel. Introduction 1. I have been appointed as the Judicial Officer in this case under RFU Regulation 19.1.3. The RFU and Hampshire RFU have consulted and, due to the nature and seriousness of the allegations and the potential damage that such conduct has to the image and reputation of rugby union, have deemed it necessary that the case be dealt with under the RFU disciplinary process. 2. The matter involves the conduct of members of Locksheath Pumas RFC ( the club ) on an Isle of Wight ferry back to the mainland following a match between the club s 2 nd XV and Ryde RFC on 3 Feb 2017. The club s members had then watched the England v. France international on television in the Ryde RFC clubhouse before boarding the ferry home in the evening. The conduct concerns the behaviour of members on the ferry during its crossing. 3. A full investigation has been conducted by the RFU Head of Discipline and following admissions by the club the RFU set out its submissions on sanctions to the club. The club has accepted those submissions and I now have to consider if the proposed sanctions are appropriate having been provided with a full account of the outcome of the investigation. 4. If I did not think the proposed sanctions were appropriate I would have indicated and a hearing may have been necessary to hear evidence and further oral submissions. However, having considered the papers provided to me with great care I was able to notify the parties that I can approve the proposed sanctions and I indicated that decision on 18 March 2017. 1
5. I note that one club member, who was charged with misconduct arising out of the same facts, is disputing the charge which will be dealt with before the Hampshire County RFU Disciplinary Panel. 6. I now set out my reasons for this decision. RFU Proposed Sanctions 7. The RFU set out its submissions in the following terms in RFU Submissions on Sanction : 1. Following a complaint from Red Funnel, a ferry operator, and a subsequent investigation by the Rugby Football Union ( RFU ), the following charge was issued to Locksheath Pumas RFC: STATEMENT OF OFFENCE Conduct prejudicial to the interests of the Union and/or the Game, contrary to RFU Rule 5.12 PARTICULARS OF OFFENCE On 4 February 2017, during the 7.30pm ferry crossing from East Cowes, Isle of Wight to Southampton (operated by Red Funnel) with members of the public and Red Funnel crew members present, players / members of Locksheath Pumas RFC: 1. Were under the influence of alcohol; and/or 2. Used inappropriate and offensive language and behaved in an anti-social manner; and/or 3. Removed items of clothing; and/or 4. Tackled each other; and/or 5. Threw food and drink; and/or 6. Did not cooperate with Red Funnel crew members; and/or 7. Were abusive towards Red Funnel crew members; and/or 8. Andy Hamlett and Charlie Ford of Locksheath Pumas RFC urinated from the mini bus on to the car deck. Such offences taken both individually and cumulatively amount to conduct which is prejudicial to the interests of the Union and/or the Game. 2. By email dated 3 March 2017, Locksheath Pumas RFC accepted the charge in full, apologised and put forward mitigation. 2
SANCTION 3. As the Panel will be aware, the sanctioning options for breaches of RFU Rule 5.12 are set out in RFU Regulation 19.11.7: Appropriate punishment referred to in Rule 5.12 and Regulation 19.6.5 shall include, but shall not be limited to: a) for a person, a reprimand, a financial penalty or suspension from playing, coaching and/or administration. b) for a Club, in addition to the sanction set out in RFU Regulation 19.11.7(a), financial or other compensation, deduction of league points or relegation, exclusion or disqualification from any competition. Where a competition does not fall within the jurisdiction of the RFU a Club may be required to withdraw from that competition. 4. The RFU respectfully submits that the Panel should impose the following sanctions on Locksheath Pumas RFC for the breach of RFU Rule 5.12: a. A points deduction of five points for Locksheath Pumas RFC 1st XV to be applied immediately to their current points total (in the Snows Group Hampshire 2 league) for the 2016/2017 season; b. A suspended points deduction of 5 points for Locksheath Pumas RFC 1st XV until the conclusion of the 2017/2018 season; and c. A donation of 500 payable to a charity chosen by Red Funnel. 5. The proposed deduction of points (both immediate and suspended) illustrates how seriously the RFU are taking this matter. There can be no excuses for this appalling behaviour and the RFU is very concerned about the impact incidents of this nature have on the reputation of the sport. In particular, Locksheath Pumas RFC have tarnished a relationship with Red Funnel which will not be easily repaired. In order to ensure that there is no repeat of this incident, we propose a suspended points deduction of 5 points for the Locksheath Pumas RFC 1st XV. Should there be any further incidents involving Locksheath Pumas RFC which are prejudicial to the Game and/or the Union then the suspended sanction should be automatically triggered and the points deduction applied immediately. 6. When considering the proposed sanctions, the RFU is mindful that Red Funnel have imposed a full travel ban on all members of Locksheath Pumas RFC for a period of 12 months and that Locksheath Pumas RFC have apologised, albeit belatedly, to 3
representatives from Red Funnel. It is to Locksheath Pumas RFC s credit that they have put in substantial time and effort to investigate and deal with this matter. A number of sanctions have already been given, as set out below: a. A penalty of a 6 week ban from all club activities with 3 weeks time spent, suspended for 1 year for Andy Hamlett and Charlie Ford for urinating on the deck. b. A penalty of a 3 week ban for George Winch. c. All other players were issued with a 3 week ban suspended for 1 year for bringing the game into disrepute. d. A travel policy document has been produced which aims to stop any antisocial behaviour whilst the club travels away. e. A general email was sent to members of Locksheath Pumas RFC to warn about the consequences of future transgressions. f. A letter of apology has been sent to Mr Bushill (a member of the public) on 7 February 2017. An additional letter will be sent once the RFU Disciplinary Panel has made its decision. g. A letter of apology has been sent to Red Funnel on 14 February 2017. An additional letter will be sent once the RFU Disciplinary Panel has made its decision. 7. Given the club s acceptance of culpability and its response the RFU is happy to request that the matter is dealt with on the papers by an RFU Disciplinary Panel, i.e. no-one from the club need attend a hearing in London, unless the club wishes to attend and address the Panel in person. In relation to the case against George Winch, this will be transferred to the Hampshire Disciplinary Panel to deal with once the sanction has been determined by the Panel for the club. The Evidence 8. The ferry company was Red Funnel whose Customer Services Director wrote to the club, the Chief Constable of the Hampshire Constabulary and to Mr Rick Scott, President of the Hampshire RFU. He wrote to Mr Scott about the conduct of the club on the sailing on 3 February 2017 in the following terms: It has been brought to our attention by the Master of the Ship that their conduct was such that he was forced to call Hampshire Police mid-voyage in order to attend on arrival. A full incident report has been submitted and below is a statement from the Chief Officer detailing the behaviour: Just after we had cleared the Cowes fairway, I received a call on the bridge from the On-Board Service Officer (OBSO) asking me to attend 4
on B deck near the bar as she was having problems with a group of people. On arrival at the scene I found a group of men near the bar drinking cans of beer, shouting, swearing and generally acting in a drunken manner. I saw the OBSO talking to a member of the group so I went over and asked her to fill me in with what was going on. The OBSO stated that she had asked the teams to keep the noise down and moderate their language, and had explained that there were other people travelling who would not appreciate such noise. While she was explaining this to me she kept being interrupted by the gentleman she had been talking to when I arrived. He kept stating that the club had paid their fare and they could behave how they liked. I introduced myself to the gentleman and asked him who he was. He introduced himself as Mr George Winch, Vice President of Locks Heath Puma s. I then asked Mr Winch if he could ask his team to quieten down a bit as there were other people travelling. His response was that they had paid their fare and they could do what they wanted. I explained that there were other people travelling with families and small children and that it was unfair to them. It was at this point one of the other team members shouted for the guys to calm down. Many of the team at this point went on to the open deck and things got better. I continued to hang around the B deck cabin for a few minutes and then went back up to the bridge to inform the Master of what had happened. The Master made an announcement over the PA system for the teams onboard to keep the noise down as there were other people travelling with families and young children. As the vessel was just past the Hook Buoy (just over half way through the passage) I received a call again from the OBSO over the radio asking me to attend the cabin. The tone of her voice sounded stressed and concerned. On my arrival on B Deck I saw a number of players from Locks Heath Pumas dancing on the seats with their shirts over their heads. They were singing loud songs and using abusive language (in the area of B deck aft in front of the Bar). A number of players from the other teams had separated themselves from the Locks Heath Puma s team who were being rowdy, and were sat on the opposite side of the aft end of B deck lounge. I proceeded into the server area on B deck where I found the OBSO chatting to Mr Winch again. She was again asking him to calm his players down. Mr Winch was arguing that he would do no such thing, his team was not causing any trouble. I then spoke up and said this behaviour had to stop now or we would call the Police to meet the boat. Mr Winch then told me the team were breaking no law and they would carry on. A Customer Service Assistant then made comment that they were breaking the law, at which point Mr Winch was very rude towards him. I then asked Mr Winch very firmly to not talk to my staff like that. Mr 5
Winch then made comment that I was a moron and I could do nothing about this. I then called the Master by UHF radio and asked him to call the Police. Mr Winch then commented that they would not touch them. I asked Mr Winch if he would come and give me his details, he said yes and we proceeded to the Steam Counter (B deck Fwd) where I took them. Whilst taking them Mr Winch continued to argue the point that his club could act how they wanted and they were not bothering other passengers. I replied they were and other passengers had been forced to move to other areas of the ship because of their behaviour. I re- iterated that the Police had been called to meet the vessel, Mr Winch then stated that several of his players were Police Officers and that the matter would go no further. I ignored this comment, Mr Winch then asked for my details. I gave him my name and rank. He then asked for my phone number and I said I could be contacted through Red Funnel. He was not happy with this. It was at this point I noticed a little child choking right next to me, an AB was assisting the child. I asked Mr Winch to wait one second, a comment was made. Once I had seen to the choking child I returned to Mr Winch he then demanded that I produce names of passengers that had been effected by the clubs behaviour at this point a passenger namely Ms X Xxxxxx confronted Mr Winch about the clubs behaviour. Whilst I was talking to Mr Winch the clubs noise and abusive language got worse and there was no attempt by any other club officers to calm the situation down. As we arrived in port the clubs returned to the car deck, I observed various team members being abusive in their manners towards staff during the crossing and whilst leaving the passenger cabins. Whilst disembarkation was taking place numerous passengers made comment about how horrible the crossing was and how sorry they felt for the crew. Unfortunately the Police didn t arrive until the loading for the next sailing was commenced, I spoke with officers and made report to them. On speaking to my deck crew later on in the shift I was made aware that they had had to clear up puddles of urine on the car deck, this was reported to them by a disembarking car passenger. The passenger said the Rugby Teams had been urinating out of the back of the Mini-Buses Safety is our absolute priority on board. The behaviour was absolutely unacceptable and could have seriously compromised the safety of all passengers on board. The individuals involved diverted our Crew away from their core responsibility of safety. The incident was witnessed and heard by our crew and passengers, many of whom were families returning to the mainland. 6
The players involved were easily identifiable as being from Locks Heath Pumas who play under the governance of Hampshire Rugby Football Club. I am also very concerned and surprised at the attitude and comments made by Mr George Winch, the Vice-President of Locks Heath Pumas. Nobody is above the law and in this case we believe that there was a breach of Section 12 of the Maritime and Aviation Security Act 1990 which addresses Other acts endangering or likely to endanger safe navigation. 9. The investigation was carefully managed by the RFU and the club also took part by undertaking interviews of those who were on the ferry. One piece of evidence that is important because it encapsulates the reason why this tarnishes the image of the game is an email to the club from a member of the public, Mr Bushill. He explained that he was travelling with his frail 81 year old mother-in-law who saw the members urinating on the car deck. The email then continued as follows: The game of rugby should not suffer because a few people getting out of hand, some of the passengers were children and their parents may well think twice about encouraging their children to join in with a sport that was not represented well by your club on this occasion. Having said all that I hope you can deal effectively with this incident and I wish you well in the future. 10. Amongst all the evidence I have read I found the reasonable approach taken by this man indicative of the good reputation of rugby union and the risk that it is damaged by isolated outbreaks of very poor behavior such as occurred on this occasion. Decision 11. It does not require much knowledge of the social side of rugby to understand how these events arose that day. A club had travelled to play a match on the Isle of Wight which was followed by the live 6 Nations match between England and France on the television. No doubt many of those involved were drinking for a long period so that by the time they boarded the ferry they were already drunk and then continued drinking. The fact that there were many on the ferry, including very young and very old, who were returning from a day on the Isle of Wight, meant that the members of the club had an extra responsibility to behave. In fact the behavior got worse and those with the responsibility for ensuring a safe crossing of the ferry were seriously distracted by having to turn their attention to the disgraceful behavior of drunken members of a rugby club. 12. Clubs and club members must understand that there is a responsibility to behave appropriately in public when, in effect, they are representing the image of the game. There is no suggestion that the social side of the game cannot include drinking and high spirits but the circumstances of the conduct on the ferry that day went far beyond any acceptable conduct. 13. It is for those reasons that I endorse the approach to sanction that is proposed by the RFU. A points deduction is a very serious sanction and in this case it is entirely appropriate to mark the misconduct by members of the club. The suspended points deduction will act as a clear reminder of the next season that the club remains under threat of a further points deduction of there is any repeat of this sort of behavior. 7
Mitigation The charitable donation provides club with an opportunity to do something positive out of something which was so serious. 14. The mitigation is, in part, set out in the submissions made by the RFU which identifies the apologies that have been made by the club and the actions that have already been introduced by the club. By an email dated 3 March 2017 the club also asked that the following matters be taken into account: Past unblemished record of the club Charity work: in the past year the club has helped a number of charities Community work: running musical productions at a local community centre and running summer kids touch rugby The club mini-bus is used by other local groups on a weekly basis The club is a strong community based club with strong ambitions. I took all of these matters into account in making my decision to endorse the sanctions proposed by the RFU and agreed by the club. Conclusion 15. I am sure that this club and its members will learn from this serious incident that has tarnished the image of the club and the game. I was impressed by all that I read about the attitude of the Red Funnel team on the day and by the way the company assisted the RFU to investigate the incident. After it was proposed and agreed that part of the sanction should include the club paying 500.00 to a charity of Red Funnel s choosing a tragic incident occurred during a match involving an Old Emmanuel RFC player, Shawnton de Four, who collapsed and died. The club were made aware of a fund raising appeal on behalf of the family of this player and a request was made to Red Funnel to ask if they would agree to the 500.00 payment being made to this appeal. It is, in my view, to the enormous credit of Red Funnel that the company agreed to this course. Gareth Rees QC 25 March 2017 8