There were two red cards issued and three citing complaints arising from the Round 6 Heineken Cup and Amlin Challenge Cup matches with the independent Disciplinary Hearings set for Thursday (24 January).

Citings

Morgan Phelipponneau

ERC has received a Citing Complaint against the Mont de Marsan replacement, Morgan Phelipponneau (No 17), following the Amlin Challenge Cup, Pool 1, Round 6 match against Gloucester on Saturday, 19 January.

Phelipponneau is alleged to have punched Gloucester player, Shaun Knight (No 3), twice during the first half of the match at Kingsholm Stadium.

For Amlin Challenge Cup games that are not broadcast live, where Citing Commissioners are not appointed, Tournament Rules allow either club to submit citings for consideration by an independent Citing Officer. The appointed Citing Officer, Gordon Black (Ireland), considered two citings submitted by Gloucester from the match, both for alleged punches, and determined that there were grounds for only one to proceed to a hearing.

Although comments attributed to Gloucester Rugby’s Director of Rugby, Nigel Davies, reported in the media, allege a Gloucester player was kicked in the head during the match, neither citing submitted by the club refer to such allegations.
Robert Williams (Wales) has been appointed as the independent Judicial Officer for the hearing which will take place in Dublin on Thursday, 24 January.

Law 10.4(a) – Striking or Punching: A player must not strike an opponent with a fist or arm including the elbow, shoulder, head or knees

Under the IRB Sanctions for Foul Play, Law 10.4(a) striking a player the hand, arm or fist carries the following sanction entry points: Low End: 2 weeks; Mid Range: 5 weeks; Top End:8 to 52 weeks

Jean Francois Montauriol

ERC has received a Citing Complaint against Femi-CZ VEA Rovigo forward, Jean Francois Montauriol (No 5), following the Amlin Challenge Cup Pool 2, Round 6 match against Perpignan on Thursday, 17 January 2013.

Montauriol is alleged to have stamped or trampled on Perpignan player, Guillaume Vilaceca (No 4), during the second half of the match at Stade Aimé Giral.

The complaint was made by Citing Commissioner, Peter Brown (Scotland).

Mark McParland (Ireland) has been appointed as the independent Judicial Officer for the hearing which will take place in Dublin on Thursday, 24 January.

10.4(b) Stamping or Trampling. A player must not stamp or trample on an opponent.

Under the IRB Sanctions for Foul Play, Law 10.4 (b) carries the following sanction entry points: Low End: 2 weeks; Mid-Range: 5 weeks; Top End: 9+ to 52 weeks
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Delon Armitage

ERC has received a Citing Complaint against Toulon full-back, Delon Armitage (No 15), following the Heineken Cup Pool 1, Round 6 match against Montpellier on Saturday, 19 January 2013.

Armitage is alleged to have committed a tip tackle on Montpellier player, Pierre Bérard (No 15), during the first half of the match at Stade Yves du Manoir for which he received a yellow card.

The complaint was made by Citing Commissioner, Shaun Gallagher, (England).

Robert Williams (Wales) has been appointed as the independent Judicial Officer for the hearing which will take place in Dublin on Thursday, 24 January.

Law 10.4(j) – Lifting a player from the ground and either dropping or driving that player’s head and/or upper body into the ground whilst the player’s feet are off the ground.

Under the IRB Sanctions for Foul Play, Law 10.4 (j) tip tackles carry the following sanction entry points: Low End: 4 weeks; Mid-Range: 8 weeks; Top End: 12+ to 52 weeks. Note that under the new ‘IRB Sanctions for Foul Play’ table that was introduced this season, the entry point for sanctions for tip tackles was increased.

Red Cards

Antoine Battut

The Racing Metro 92 forward, Antoine Battut (No 6), was issued with a red card during the Heineken Cup Round 6, Pool 1 match against Munster Rugby at Thomond Park on Sunday, 20 January 2013.

Battut was shown a red card by referee, Wayne Barnes (England), in the 5th minute of the match for an alleged strike with the knee on an opponent in contravention of Law 10.4(a).

Robert Williams (Wales) has been appointed as the independent Judicial Officer for the hearing which will take place in Dublin on Thursday, 24 January.

Law 10.4(a) – Striking or Punching: A player must not strike an opponent with a fist or arm including the elbow, shoulder, head or knees.

Under the IRB Sanctions for Foul Play, Law 10.4 (a) striking with the knee carries the following sanction entry points: Low End: 3 weeks; Mid-Range: 8 weeks; Top End:12+ to 52 weeks.

Joe Van Niekerk

The Femi-CZ VEA Rovigo centre, Joe Van Niekerk (No 12), was issued with a red card during the Amlin Challenge Cup Round 6, Pool 2 match against Perpignan at Stade Aimé Giral on Thursday, 17 January 2013.

Van Niekerk was shown a red card by referee, Neil Hennessy (Wales), in the 77th minute of the match for an alleged tip tackle in contravention of Law 10.4(j).

Mark McParland (Ireland) has been appointed as the independent Judicial Officer for the hearing which will take place in Dublin on Thursday, 24 January.

Law 10.4(j) – Lifting a player from the ground and either dropping or driving that player’s head and/or upper body into the ground whilst the player’s feet are off the ground.

Under the IRB Sanctions for Foul Play, Law 10.4 (j) tip tackles carry the following sanction entry points: Low End: 4 weeks; Mid-Range: 8 weeks; Top End: 12+ to 52 weeks. Note that under the new ‘IRB Sanctions for Foul Play’ table that was introduced this season, the entry point for sanctions for tip tackles was increased.

Notes
(i) Red Cards
a) The case of any player sent off in Heineken Cup or Amlin Challenge Cup games shall be adjudicated by an independent Judicial Officer as soon as is practicable.
b) Until the hearing the player is ineligible to play in any tournament.

(ii) Citing Commissioner
a) Citing Commissioners are appointed by ERC for all Heineken Cup and all televised Amlin Challenge Cup matches and shall be entitled to cite a player for any act or acts of Foul Play that in the Citing Commissioner's opinion warranted a red card.
b) For such matches, clubs will not have the power to cite a player but may refer incidents to the Citing Commissioner within 26 hours of the start of the match.
c) The Citing Commissioner will have 50 hours from the start of the match to make a citing. In certain circumstances this deadline can be extended.
d) The ERC Disciplinary Officer, Roger O'Connor, may forward the submitted citing to a Citing Officer to determine whether there are sufficient grounds for the citing to progress.
e) The Disciplinary Officer will then bring a charge against the cited player.

(iii) Disciplinary Hearing
a) The independent Judicial Officer is chosen by the chairman of the independent Disciplinary Panel, Professor Lorne Crerar.
b) ERC’s Disciplinary Officer, Roger O'Connor, presents the case against the player.
c) If a citing complaint is upheld, the independent Judicial Officer will be required to consider the appropriate sanction. Under the IRB's sanctioning regime, which ERC is obliged to follow, the Judicial Officer will first assess the seriousness of the player's actions and determine which of the three stipulated entry points (lower end, mid range and top end) is the most appropriate.
d) The Judicial Officer will determine the appropriate entry point based on his/her assessment of a number of particular characteristics of the player's actions, including whether or not they were intentional, whether or not they caused any injuries and whether or not they had any effect on the relevant match.
e) After deciding the entry point, the Judicial Officer will then consider whether the suspension should be increased from the entry point to take account of certain specified aggravating factors, such as a poor disciplinary record or the need for deterrence, and/or decreased from the entry point to take account of certain specified mitigating actions, such as a guilty plea, a good disciplinary record, the player's conduct at the hearing and expressions of remorse.
d) A suspension is a blanket ban from playing rugby union anywhere in the world.
e) Both parties to the hearing (ERC and the player) have the right to appeal decisions of the independent Disciplinary Hearing. Appeals must be lodged within three (3) working days of receiving the full written decision of the Judicial Officer.
f) The full written decision of the Judicial Officer will be available on www.ercrugby.com/disciplinenews when the disciplinary process is complete
g) For IRB Sanctions for Foul Play, found at Appendix 1 to IRB Regulation 17, please click here