Paul James Decision 

An independent Disciplinary Committee reconvened in Dublin today (Tuesday, 4 November, 2008) to hear the citing complaint against Paul James, the Ospreys prop (No 1) arising from the Round 2 Heineken Cup Pool 3 match against Perpignan at the Liberty Stadium on Saturday, 18 October, 2008.

The citing lodged by the Citing Commissioner for the match, Douglas Hunter (Scotland), is for an alleged strike with the arm against Perpignan player Marius Tincu (No 2) in contravention of Law 10.4 (a).

The independent Disciplinary Committee was chaired by HHJ Jeff Blackett (England) and also comprised Dr Barry O'Driscoll (Ireland) and Mr Robert Horner (England).

After considering the evidence available, the independent Disciplinary Committee found that Paul James was guilty of foul play in that he had struck Marius Tincu with his arm in contravention of Law 10.4 (a).

The Committee determined that the offence was of the low-end of the level of seriousness. Having taken into account any mitigating and aggravating factors the Committee suspended the player for a period of one (1) week.

The Committee endorsed a suspension already served by Paul James covering the weekend of 25/26 October, 2008, which had been imposed by the Ospreys, and determined the player is now free to play.

The independent Disciplinary Committee originally convened on Thursday, 23 October, 2008, and adjourned the hearing to allow Marius Tincu to attend the hearing in person and for the collection of additional evidence.

Both parties have the right to appeal.


NOTES TO EDITORS:

(i) Citing Commissioner
a) Citing Commissioners will be appointed by ERC for all Heineken Cup and all televised European 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 citing.
b) For such matches 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