IN THE MATTER OF RUGBY FOOTBALL UNION DISCIPLINARY PROCEEDINGS CONCERNING RULE 5.12 RUGBY FOOTBALL UNION V DANNY LIGAIRI-BADHAM JUDGMENT PANEL: DR JULIAN MORRIS, TIM WARD QC, AIDAN O BRIEN SECRETARY: REBECCA MORGAN 1. This Judgement should be read in conjunction with the previous decisions of another panel (HHJ Sean Enright, HHJ Lockart and John Murphy) dated 29 September 2015 and 8 June 2016 (attached hereto as appendix 1 and appendix 2 respectively for ease of reference). 2. This Panel has been asked to review and determine matters in relation to Charges 1 and 3 brought against Mr Ligiari-Badham in 2015 and 2016 respectively, namely: BACKGROUND a. Charge 1: Conduct prejudicial to the interests of the Union and/or Game, contrary to RFU Rule 5.12 in that on and around 30 October 2014, whilst working as a coach at Essex University RFC requested payments from both the men s and women s team for new rugby kit. Having received over a 1,000 in payments he then failed to provide any of the rugby kit. Such conduct being prejudicial to the interests of the Union and/or the Game. b. Charge 3; Conduct prejudicial to the interests of the Union and/or the Game, contrary to RFU Rule 5.12 in that he breached the terms of his suspension ordered by the RFU Disciplinary Panel on 8 June 2016 by playing, coaching and taking part in the administration of rugby union in England while suspended. This conduct is prejudicial to the interests of the Union and/or the Game. 3. In 2015 the RFU received a complaint from the University of Essex Students Union that on or around 30 October 2014 Mr Ligairi-Badham had requested payments from the men s and women s university team for kit. Having received 1,000 he then failed to provide any of the new kit to these teams and a number of individuals were substantially out of pocket. 4. Accordingly, on 4 June 2015 Mr Ligairi-Badham was the subject of an interim suspension order, preventing him from playing, coaching or administrating in the game of rugby union in England.
5. He was subsequently charged (Charge 1) and a hearing was held on 29 September 2015. 6. In summary, Mr Ligairi Badham admitted the charge that he took payments in excess of 1,000 for players kit but failed to provide the kit. 7. He maintained at the time that he wished to repay the monies but stated he was prevented from working as a result of the interim suspension order (above). 8. The first panel therefore lifted the ban and adjourned the question of sanction until the 31st March 2016, in the expectation that the money would be repaid in full. The money remained unpaid within the time frames set and that panel were asked to reconvene. 9. The money being unpaid and no proposals for repayment having been received, the RFU brought back the case before that original panel (together with a separate charge not the conduct of this panel Charge 2) and a subsequent hearing was held on 8 June 2016. 10. At the hearing, which he did not attend, Mr Ligairi-Badham was banned from playing, coaching or taking any part in the administration of Rugby in England. That order was to be reviewed by that panel once the 1,000 had been repaid and Mr Ligairi-Badham was also ordered to attend in person before an RFU panel to make an application to lift the order. Costs were awarded against Mr Ligairi-Badham in the sum of 125.00. 11. In 2017, the RFU were made aware that Mr Ligairi-Badham was breaching the terms of that suspension order by playing, coaching and taking part in the administration of rugby union in England while suspended. The RFU therefore issued a third charge (Charge 3) to Mr Ligairi- Badham for a breach of RFU Rule 5.12. 12. Following the issuing of the third charge against Mr Ligairi-Badham, the RFU engaged in written and verbal communications with Mr Ligairi-Badham and his representative, Mr Dale Rees, to try and resolve this matter. Mr Ligairi-Badham being provided with the relevant bank details together with a request to produce a re-payment schedule. 13. The attempts to resolve this matter were unsuccessful, the money owed to the University of Essex Students Union and the RFU hearing costs remained outstanding. The RFU therefore referred the matter to this panel. RFU POSITION 14. This panel has been asked to review and conclude a determination in relation to Charges 1 and 3 as they remain outstanding. 15. In seeking that review the RFU have specifically drawn the Panel s attention to paragraph C of World Rugby Regulation 20 (Misconduct and Code of Conduct) and RFU Regulation 19.11.16(a) which are, respectively, set out below: a. All participants in the Game by means of their participation recognise and agree to be bound by the principle of universality which means that Players who are suspended at any level of the Game shall have their suspension recognised and applied at all levels of the Game and in the territories of all member Unions and Associations.
b. Decisions on sanctions and suspensions imposed on Players under these Regulations shall: (a) be applied universally by all Clubs and Constituent Bodies such that the Player may not play the game (or any form thereof) or be involved in any on-field match day activities anywhere during the period of suspension UPDATE 16. This Panel has now been informed that Mr Ligairi-Badham has: a. Paid the sum of 1,000 to the relevant individuals, and b. Paid the costs (occasioned by the hearing on 8 June 2016) in the sum of 125. 17. It is the panel s understanding that the RFU does not wish to take matters any further now that the original sums have been paid, albeit some 3 years after the original event. 18. As a result the panel have determined that they are content to deal with the out-standing issues on the papers. DECISION 19. In respect of Charge 1, which was admitted by Mr Ligairi-Badham at the relevant time, the sum sought for repayment, namely the 1,000, has been paid in full. 20. In respect of the costs occasioned by the second hearing at which Mr Ligairi-Badham was banned for playing, coaching or administrating with the game of rugby, these have been paid. 21. There are therefore no sums of money outstanding to be repaid by Mr Ligairi-Badham. 22. In respect of Charge 3, brought in relation to breaches of his suspension order, imposed because he had not repaid the original monies and in the interim had taken part in a rugby festival, the originating misdemeanour has now been satisfied. 23. Given the above and therefore current circumstances, this Panel sees no need to take matters further. The originating reason for the charges having been met, the panel concludes that the out-standing charges are admonished and Mr Ligairi-Badham is therefore free to return to playing, coaching and administrating within the game of rugby with immediate effect. 24. For the avoidance of any doubt, this panel imposes no further sanctions against Mr Ligairi- Badham in respect of costs. 25. This Panel does however make note that it hopes Mr Ligairi-Badham will see to it that a similar scenario does not recur in the future. Dr Julian Morris Chairman 23 November 2017
RUGBY FOOTBALL UNION APPENDIX ONE DISCIPLINE HEARING Date: 29 September 2015 JUDGMENT In respect of: Daniel Ligairi-Badham Panel: Judge Enright (Chair), HHJ Andrew Lockhart and John Murphy 1 We were provided with a 53 page bundle for the purpose of this hearing. No objection was raised as to the composition of the panel and we were invited by both parties to deal with this case on the papers. 2 Mr Ligairi-Badham was charged with conduct prejudicial to the interests of the Union and/or the game contrary to Rule 5.12, namely that whilst working as a coach at Essex University, he took payments in excess of 1,000 for player s rugby kit but failed to provide any kit. 3 Mr Ligairi-Badham admits the charge and that 1,000 remains outstanding. He makes no admission of dishonesty and simply points to his prior good character and his long standing involvement in the game. He points also to certain very pressing family difficulties, set out in the bundle, which caused this situation to come about. 4 Mr Ligairi-Badham maintains that he wishes to repay the money but is prevented from working as a coach by reason of the interim suspension order imposed by the RFU which prevents him playing, coaching or administration in Rugby in England until the resolution of this case. 5 We have made no findings of fact thus far however in our view that Interim Suspension Order was properly imposed but we recognise the difficulties this ban poses and are prepared to vary the order to allow Mr Ligairi-Badham to coach but not to handle money or involve himself in the administration of the game. This variation is permitted in order to allow Mr Ligairi-Badham to work and to repay the outstanding sum. 6 We adjourn consideration of sanction to 31 st March 2016 in the expectation that the sum will be paid in full by that date. Signed SEAN ENRIGHT (Chairman) Date 29 September 2015 52
APPENDIX TWO RUGBY FOOTBALL UNION DISCIPLINE HEARING Date 8 th June 2016 JUDGEMENT In respect of Daniel Ligairi-Badham Panel: HHJ Sean Enright, HHJ Lockhart and John Murphy Secretary Danny Rumble 1 This judgement should be read in conjunction with the previous decision of this Panel, dated 29 September 2015. 2 We were provided, as was Mr Ligairi- Badham, with a 61 page bundle incorporating our previous decision and all relevant paperwork. In summary, Mr Ligairi Badham admitted a charge under Rule 5.12, namely that while working as a coach at Essex University, he took payments in excess of 1,000 for players kit but failed to provide the kit. 3 Mr Ligairi-Badham was the subject of an interim suspension order preventing him from working in the game and therefore from repaying the money. We lifted the ban and adjourned the question of sanction until the 31 st March this year, in the expectation that the money would be repaid in full. The money remained unpaid and the Panel were asked to re convene. 4 We should say that we are satisfied that Mr Badham was given every assistance in finding a date that would allow him to attend a panel in person. Due to his commitments that has not been possible. However, it was arranged that the Panel be convened at a date and time convenient to him to attend by phone. We did reconvene and Mr Ligairi- Badham did not join the conference call. We were later joined on the conference call by his representative Mr Castle 59
who told us that Mr Ligairi-Badham had acquired another sporting commitment and would not be able to join us. He told us that the debt was not disputed and Mr Ligairi Badham was aware of the hearing. 5 The money being unpaid and no proposals for repayment having been received, we have considered sanction and our decision is set out below. 6 Mr Ligairi-Badham is banned from playing, coaching or taking any part in the administration of Rugby in England. That order will be reviewed by this panel once the 1,000 has been repaid and Mr Ligairi-Badham attends in person before an RFU panel to make an application to lift the order. 7 We should say that we have before us another charge contrary to Rule 5.12 which relates to an allegation that Mr Ligairi-Badham made derogatory remarks on Facebook about the conduct of these disciplinary proceedings against him. He is aware that this matter is before the Panel but has declined invitations to admit or deny that charge or make representations to us. In the absence of any evidence about the extent of the dissemination of those remarks we do not think it necessary to allow that charge to go forward at this stage. That charge is adjourned generally and may be revived when Mr Ligairi-Badham has repaid the money which is the subject of the primary charge and applied to the Panel for the ban to be lifted. 8 Mr Ligairi-Badham is reminded of his right to appeal which must be exercised within 14 days of receipt of this decision. 9 We make an order for costs against Mr Ligairi- Badham in the sum of 125. Sean Enright 60