Misconduct complaint decision – Timisoara Saracens

A misconduct complaint against Timisoara Saracens following the cancellation of the Romanian club’s Challenge Cup, Round 4 match against Northampton Saints was considered today (Friday, 21 December).

An independent Disciplinary Committee consisting of Professor Lorne Crerar (Scotland), Chair, Philippe Cavalieros (France) and Val Toma (Romania), found that Timisoara Saracens had not taken all appropriate measures to prepare and protect the playing surface at the Dan Paltinisanu Stadium and that the club had breached the Tournament Rules of the 2018/19 Challenge Cup Participation Agreement.

The Committee determined that Timisoara Saracens’ preparation of the playing surface was deficient in that pitch covers were not in place, the undersoil heating system was not ready in good time and that no suitable alternative venue for the match was available.

The Committee also found that there were no exceptional circumstances and it decided to award five match points to Northampton Saints on the basis of a four-try bonus point result of 28-0 and imposed a fine of €30,000 on Timisoara Saracens.

Both Timisoara Saracens and EPCR have the right to appeal the decision.


Appeal Committee Decision – Andrei Ostrikov (Sale Sharks)

An independent Appeal Committee has today (Friday, 21 December) refused an appeal by the Sale Sharks player, Andrei Ostrikov, against the four-week suspension imposed on him by an independent Disciplinary Committee after he was sent off for foul play during his club’s Challenge Cup, Round 3 match against Bordeaux-Bègles.

At the initial Disciplinary Hearing, the red card decision was upheld as it was determined that Ostrikov had struck the Bordeaux-Bègles centre, Jean-Baptiste Dubié, with his arm in contravention of Law 9.12.

The independent Appeal Committee consisting of Professor Lorne Crerar (Scotland), Chair, Philippe Cavalieros (France) and Val Toma (Romania), heard submissions by video conference from the Sale Sharks Director of Rugby, Steve Diamond, from Ostrikov and from the EPCR Disciplinary Officer, Liam McTiernan.

Sale Sharks requested that the case be re-heard in its entirety, however, the Committee refused the request on the basis that there was no new evidence which was not reasonably available at the initial Disciplinary Hearing, and that there were no exceptional circumstances.

The Committee dismissed the appeal on the basis that it was not satisfied that the decision taken at the initial Disciplinary Hearing had been in error and/or that it should be overturned or varied.

Therefore, Ostrikov’s suspension remains in place and he is free to play on Monday, 7 January 2019.

Notes
(i) Misconduct complaint
a) Independent Disciplinary Committees are chosen by the Chairman of the independent Disciplinary Panel, Mike Hamlin.
b) EPCR’s Disciplinary Officer presents the case against the club/individual.
c) Both parties to the hearing (EPCR and the club/individual) have the right to appeal decisions of the independent Disciplinary Committee. Appeals must be lodged within three working days of receiving the full written decision from the Chairman of the independent Disciplinary Committee.
d) The full written decision of the independent Disciplinary Committee will be available on  epcrugby.com/discipline/hearing-decisions when the disciplinary process is complete.
(ii) Independent Appeal Committee
a) Following the decision(s) of an independent Disciplinary Committee and/or an independent Judicial Officer, all parties (the club, player(s), individuals and EPCR) have the right to appeal the decision(s).
b) The independent Appeal Committee is chosen by the Chairman of the independent Disciplinary Panel, Mike Hamlin.
c) Members of the independent Disciplinary Committee or the independent Judicial Officer who issued the decision(s) being challenged by the appeal may not sit on the independent Appeal Committee.
d) The full written decision of the Appeal Committee will be available on epcrugby.com/discipline/hearing-decisions at a later date when it has been completed and issued to all parties.