An independent Disciplinary Committee found Byron Kelleher not guilty of foul play and therefore dismissed the citing.
An independent Disciplinary Committee convened in Dublin today (Thursday, 16 October), to hear a citing complaint against Byron Kelleher, the Toulouse scrum half (No 9), arising from the Round 1 Heineken Cup Pool 5 match against Bath Rugby at Le Stadium, Toulouse, on Sunday, 12 October, 2008.
The citing lodged by the Citing Commissioner for the match, Ray Wilton (Wales), was for the alleged stamping of Bath Rugby outside half Butch James (No 10) in contravention of Law 10.4 (b).
The independent Disciplinary Committee was chaired by Simon Thomas (Wales) and also consisted of Mark McParland (Ireland) and Robert Williams (Wales)
After considering the evidence available, the independent Disciplinary Committee determined that Mr Kelleher was not guilty of foul play and therefore dismissed the citing.
Both parties have the right to appeal.
(i) Citing Commissioner
a) Citing Commissioners will be appointed by ERC for all Heineken Cup and 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) 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