Following an initial Disciplinary Committee hearing for Owen Farrell, who received a red card during the Summer Nations Series match between England and Wales on Saturday 12th August, World Rugby lodged a formal appeal against the Committees’ decision to downgrade the red card to a yellow, appealing for the red card to be upheld.
The Appeal Committee met on Tuesday 22nd August and unanimously determined that in the original hearing the Disciplinary Committee should have considered the attempt of the player to wrap his opponent in the tackle. This point did not feature in the original decision.
The failure to attempt to wrap was judged to be an important element of the Foul Play Review Officer’s (FPRO) report and had led to an upgrading of the referee’s yellow card to a red card during the match.
As this element did not feature in the original decision, the Appeal Committee decided it was in the interests of justice to hear the case afresh on that key point alone, which included hearing from the player.
Following the review by the Appeal Committee of this key element, it was determined that the FPRO was correct in his decision leading to the red card. The Appeal Committee subsequently determined that the tackle was ‘always illegal’.
When applying the terms of World Rugby’s Head Contact Process, no mitigation can be applied to a tackle that is ‘always illegal’.
The Appeal Committee therefore considered that the Disciplinary Committee’s decision to downgrade the red card to a yellow card had been manifestly wrong, which led to the Disciplinary Committee’s decision being overturned, the appeal brought by World Rugby being allowed, and the red card upheld.
In considering sanction, the Committee applied World Rugby’s mandatory minimum mid-range entry point for foul play resulting in contact with the head (six-matches). Taking all considerations into account, including the player’s acceptance of foul play, clear demonstration of remorse and his good character, the Committee agreed a four-match suspension.
The Appeal Committee accepted submissions on behalf of the player that the Ireland v England match on 19 August 2023, for which the player was voluntarily stood down would be included as part of the sanction. Therefore, the suspension applies to the following matches:
Ireland v England - 19 August 2023
England v Fiji - 26 August 2023
England v Argentina - 9 September 2023
England v Japan - 17 September 2023
England fly-half Owen Farrell appeared before an independent judicial committee via video link having received a red card for an act of foul play, contrary to Law 9.13, in the Summer Nations Series match between England and Wales on Saturday 12th August 2023.
Law 9.13 - A player must not tackle an opponent early, late or dangerously. Dangerous tackling includes, but is not limited to, tackling or attempting to tackle an opponent above the line of the shoulders even if the tackle starts below the line of the shoulders.
The independent Judicial Committee consisting of Adam Casselden SC – Chair, John Langford and David Croft, all from Australia, heard the case, considering all the available evidence and submissions from the player and his representative.
The player acknowledged that whilst he had committed an act of foul play, he denied that the act was worthy of a red card. After reviewing all the evidence, questioning the player in detail and hearing submissions from the player’s representative, the Committee concluded that the Foul Play Review Officer was wrong, on the balance of probabilities, to upgrade the yellow card issued to the player to a red card.
The Committee determined, when applying World Rugby’s Head Contact Process, that mitigation should be applied to the high degree of danger found by the Foul Play Review Officer. The Committee found that a late change in dynamics due to England #2’s interaction in the contact area brought about a sudden and significant change in direction from the ball carrier. In the Committee’s opinion, this mitigation was sufficient to bring the player’s act of foul play below the red card threshold.
The Committee believe it is important to record, that no criticism is made of the Foul Play Review Officer nor, would any be warranted. Unlike the Foul Play Review Officer the Committee had the luxury of time to deliberate and consider, in private, the incident and the proper application of the Head Contact Process.
The Committee believe this is in contrast to the Foul Play Review Officer, who was required to make his decision in a matter of minutes without the benefit of all the additional material including hearing from the player and his legal representative. On that basis, the Committee did not uphold the red card and the player is free to play again immediately.
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