Marcus Horan, the Munster replacement (No 17), appeared before an independent Disciplinary Committee in Dublin today (Thursday, 20 December) as a result of a citing arising from the Heineken Cup Round 4 Pool 5 match against Llanelli Scarlets at Thomond Park on Sunday, 16 December, 2007.
The citing lodged by the Citing Commissioner for the match, Bill Dunlop (Scotland), was for the alleged kicking of Llanelli Scarlets replacement Deacon Manu (No 17) in contravention of Law 10.4 (c)
The independent Disciplinary Committee was chaired by HHJ Jeff Blackett (England) and also comprised Rob Horner (England).
After considering the evidence available, the independent Disciplinary Committee dismissed the citing and cleared the player of any foul play relating to the citing.
Both parties have the right to appeal.
Paul Mauriac (France), originally named in the independent Disciplinary Committee, was unavailable to attend.
(i) Citing Commissioner
a) Citing Commissioners will be appointed by ERC for all Heineken 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 citing.
b) Clubs will not have the power to cite a player but may refer incidents to the Citing Commissioner within 24 hours of the conclusion of the match.
c) The Citing Commissioner will have 50 hours from the start of the game to make a citing and the determination of the Citing Commissioner will be final and binding. In exceptional circumstances this deadline can be extended.
d) Should the Citing Commissioner decide there is a case to answer he will notify the Disciplinary Officer and the Disciplinary Officer will then bring a charge against the cited player.
e) This case will then proceed to a disciplinary hearing.
(ii) Independent Disciplinary Committee
a) Citings will be heard by an independent Disciplinary Committee as soon as is practicable. Until the hearing a cited player is eligible to play in ERC tournaments
b) The independent Disciplinary Committee is chosen by the Chairman of the independent Disciplinary Panel, Professor Lorne Crerar.
c) The ERC Disciplinary Officer, Roger O'Connor, presents the case against the player
d) Both parties to the hearing (ERC and the player) have the right to appeal decisions of the independent Disciplinary Committee. Appeals must be lodged within 72 hours of receiving the full written decision from the Chairman of the independent Disciplinary Committee
e) The full written decision of the independent Disciplinary Committee will be available on www.ercrugby.com/discipline when the disciplinary process is complete
Finals Edition: Listen to the best guide to the European Rugby Cup Finals weekend in Dublin, which sees Leinster Rugby take on Stade Francais Paris at the RDS on Friday night in the Amlin Challenge Cup Final and then ASM Clermont Auvergne tackle Toulon in an all-French affair at the Aviva Stadium on Saturday.