The Racing 92 No 8, Kitione Kamikamica, has been suspended for three weeks following an independent Disciplinary Hearing arising from his club’s Heineken Champions Cup, Round 2 match against Harlequins at the Twickenham Stoop.

Kamikamica was sent off by the referee, Craig Evans (Wales), in the 51st minute of the match for tackling the Harlequins full back, Nick David, in a dangerous manner in contravention of Law 9.13.

Law 9.13 A player must not tackle an opponent dangerously
Under World Rugby’s Sanctions for Foul Play, Law 9.13 relating to dangerous tackling carries the following sanction entry points - Low End: 2 weeks; Mid-range: 6 weeks; Top end: 10 to 52 weeks.

An independent Disciplinary Committee comprising Kim Moloney (Ireland), Chair, Simon Thomas (Wales) and Frank Hadden (Scotland) considered video imagery of the incident and heard submissions from Kamikamica, who accepted the red card decision, from the player’s legal representative, Neil Robertson, from the Racing 92 legal representative, Judith Regnault, from the Racing 92 Director of Rugby, Laurent Travers, from the Racing 92 Team Manager, Teddy Boutaayacht, and from the EPCR Disciplinary Officer, Liam McTiernan.

At the outset, the committee decided that the incident should be considered as being in contravention of Law 9.18 rather than Law 9.13.

Law 9.18 A player must not lift an opponent off the ground or drop or drive that player so that their head and/or upper body make contact with the ground.
Under World Rugby’s Sanctions for Foul Play, Law 9.18 carries the following sanction entry points - Low End: 6 weeks; Mid-range: 10 weeks; Top end: 14 to 52 weeks.

The committee upheld the red card decision finding that Kamikamica had tackled David in a dangerous manner in contravention of Law 9.18, and it determined that the offending was at the low end of World Rugby’s sanctions and six weeks was selected as the appropriate entry point.

Due to the player’s good disciplinary record and his guilty plea, it was decided to grant him the full 50% mitigation and the committee therefore reduced the sanction by three weeks before imposing a three-week suspension.

Kamikamica is free to play on Monday, 9 January 2023, however, if he applies for and successfully completes a World Rugby Coaching Intervention, he will be free to play on Monday, 2 January 2023.

Both he and EPCR have the right to appeal the decision.

Henry Walker suspended for three weeks

The Gloucester Rugby hooker, Henry Walker, has been suspended for three weeks following an independent Disciplinary Hearing arising from his club’s Heineken Champions Cup, Round 2 match against Leinster Rugby at the RDS Arena.

Walker was cited by the match Citing Commissioner, Paul Minto (Scotland), for a dangerous tackle on the Leinster Rugby flanker, Josh van der Flier, in the 37th minute of the match in contravention of Law 9.13.

Law 9.13 A player must not tackle an opponent dangerously
Under World Rugby’s Sanctions for Foul Play, Law 9.13 relating to dangerous tackling carries the following sanction entry points - Low End: 2 weeks; Mid-range: 6 weeks; Top end: 10 to 52 weeks.

As Walker had accepted the charge, an independent Judicial Officer, Roddy Macleod, considered the matter on written submissions, and he upheld the citing complaint, determining that the offending was at the mid-range of World Rugby’s sanctions and six weeks was selected as the appropriate entry point.

Due to the player’s clear disciplinary record and his guilty plea, it was decided to grant him the full 50% mitigation and the Judicial Officer therefore reduced the sanction by three weeks before imposing a three-week suspension.

Walker is free to play on Monday, 9 January 2023, however, if he applies for and successfully completes a World Rugby Coaching Intervention, he will be free to play on Monday, 2 January 2023.

Agustin Creevy appeal dismissed

An appeal by the London Irish hooker, Agustin Creevy, against his four-week suspension has been dismissed following an independent Disciplinary Hearing.

Creevy, who was sent off for a dangerous tackle during his club’s Heineken Champions Cup, Round 1 match against Montpellier Hérault Rugby at the Gtech Community Stadium, was appealing against the original decision to uphold the referee’s red card decision and against the length of his suspension.

An independent Disciplinary Committee comprising Roger Morris (Wales), Chair, Donal Courtney (Ireland) and Marcello d’Orey (Portugal) considered the appeal and heard submissions from Creevy, from his legal representative, Tomas McGarvey, from the London Irish Director of Rugby, Declan Kidney, from the London Irish Team Manager, Alex James, and from the EPCR Disciplinary Officer, Liam McTiernan.

The committee decided that the original decision would stand and dismissed the appeal. Creevy remains suspended and is free to play on Thursday, 5 January 2023, however, if he applies for and successfully completes a World Rugby Coaching Intervention, he will be free to play on Monday, 2 January 2023.

Abraham Papali’i red card dismissed

The CA Brive No 8 has had his red card dismissed following an independent Disciplinary Hearing arising from his club’s EPCR Challenge Cup, Round 2 match against Connacht Rugby at Stade Amédée Domenech.

Papali’i was sent off by the referee, Adam Leal (England), in the 20th minute of the match for tackling the Connacht Rugby back row, Shamus Hurley-Langton, in a dangerous manner in contravention of Law 9.13.

Law 9.13 A player must not tackle an opponent dangerously
Under World Rugby’s Sanctions for Foul Play, Law 9.13 relating to dangerous tackling carries the following sanction entry points - Low End: 2 weeks; Mid-range: 6 weeks; Top end: 10 to 52 weeks.

An independent Disciplinary Committee comprising Robert Milligan KC (Scotland), Chair, Becky Essex (England), and Mitchell Read (England) considered video imagery of the incident and heard submissions from Papali’i, who accepted that he had committed an act of foul play but that it did not warrant a red card, and from the player’s legal representative, Neil Robertson.

Submissions from the CA Brive Chief Executive, Xavier Ric, from a CA Brive director, Jacky Lintignat, and from the EPCR Disciplinary Officer, Liam McTiernan, were also heard.

The committee determined that when Papali’i tackled Hurley-Langton, the initial contact was not directly to the head. On that basis, it was decided that the red card had been issued incorrectly and the case was dismissed.

Papali’i is free to play and EPCR has the right to appeal the decision.

Notes

(i) Red Cards
a) The case of any player sent off in Heineken Champions Cup and EPCR Challenge Cup matches shall be adjudicated by an independent Disciplinary Committee or 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 EPCR for all Heineken Champions Cup and EPCR 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 26 hours from the start of the match to make a citing. In certain circumstances this deadline can be extended.
d) The tournament Disciplinary Officer 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 Disciplinary Committee or independent Judicial Officer are chosen by the chairman of the independent Disciplinary Panel, Mike Hamlin.
b) EPCR’s Disciplinary Officer presents the case against the player.
c) If a decision is upheld, the Disciplinary Committee or Judicial Officer will be required to consider the appropriate sanction under World Rugby’s sanctioning regime, which EPCR is obliged to follow. The seriousness of the player’s actions will be first assessed in order to determine which of the three stipulated entry points (lower end, mid-range and top end) is the most appropriate.
d) The Disciplinary Committee or Judicial Officer will determine the appropriate entry point based on an 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 Disciplinary Committee or 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.
f) A suspension is a blanket ban from playing rugby union anywhere in the world. Players are suspended on the basis that a one-week period of suspension would ordinarily result in a player missing one match. Suspensions take into account periods of inactivity (such as the close season), periods when a player is injured or otherwise not fit to play, and when a player is not available or not expected to play. Suspensions should also take into account any out-of-season matches which are not considered to be meaningful, or which are not close enough to the season to be a determining factor in a player’s future selection.
g) Both parties to the hearing (EPCR and the player) have the right to appeal decisions. Appeals must be lodged within three (3) working days of receiving the full written decision of the Disciplinary Committee or Judicial Officer.
h) The full written decision will be available on www.epcrugby.com/european-professional-club-rugby/discipline-news/hearing-decisions/ when the disciplinary process is complete.
i) For World Rugby’s Sanctions for Foul Play, found at Appendix 2 to World Rugby Regulation 17, go to world.rugby

Kitione Kamikamica suspended for three weeks