Flannery Appeal Decision

The original independent Disciplinary Committee (Thursday, 24 January) found Mr Flannery guilty of stamping on ASM Clermont Auvergne player Julien Bonnaire during the Round 5 Heineken Cup Pool 5 match against ASM Clermont Auvergne at Parc des Sports Marcel-Michelin on Sunday, 13 January.

The original independent Disciplinary Committee had determined that the offence was of the top end in the level of seriousness and suspended the player for a period of eight (8) weeks up to and including Wednesday, 19 March, 2008.


The independent Appeal Committee was chaired by Professor Lorne Crerar (Scotland) and also comprised HHJ Jeff Blackett (England) and Russell Howell (Wales).


It was the view of the independent Appeal Committee that the original Disciplinary Committee was in error in its determination that the offence was deliberate and of the top end in the level of seriousness.


The Appeal Committee found that Mr Flannery had stamped on the player recklessly rather than deliberately and accordingly determined that the offence was of mid-range in the level of seriousness.

Having taken into account any mitigating and aggravating factors, the Appeal Committee reduced the period of suspension to four (4) weeks which will now run up to Thursday, 21 February, 2008.

NOTES
Independent Appeal Committee
a) Following a decision of an independent Disciplinary Committee, both the Club/player and ERC have the right to appeal the decision of the Committee.
b) The independent Appeal Committee is chosen by the Chairman of the independent Disciplinary Panel, Professor Lorne Crerar.
c) None of the members of the independent Disciplinary Committee who issued the decision being challenged in the appeal may sit on the independent Appeal Committee.
d) The full written decision of the independent Appeal Committee will be available on www.ercrugby.com/discipline when the disciplinary process is complete.