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On Wednesday, 2 February 2005, an independent Disciplinary Committee, convened under the Heineken Cup Disciplinary Rules, held a preliminary hearing on the citing complaint brought against Serge Betsen of Biarritz Olympique for alleged illegal/foul play in the Heineken Cup Round 6 match between Biarritz Olympique and London Wasps on Saturday, 15 January 2005.
The purpose of the hearing was to consider whether the citing complaint wasvalid and should proceed, where the Match referee stated that he had seen the incident in question but had not detected any illegal or foul play in connection with the incident. The independent Disciplinary Committee, consisting of Rod McKenzie, Chairman (SRU), Professor Lorne Crerar (SRU) and Dr. Barry O'Driscoll (IRFU), ruled that in such circumstances the complaint was valid and a hearing should be held to consider whether or not the illegal or foul play, alleged in the citing complaint and not detected by the Match referee, did in fact take place.
The hearing will reconvene in Glasgow on Wednesday, 9 February 2005.
a) A citing complaint must be made, in writing, and received by the independent Citing Officer within 50 hours of the start of the match
b) There is a panel of independent Citing Officers who may be used during the season. The Citing Officers are suitably trained and experienced in rugby disciplinary matters. The decision of the Citing Officer is final
c) The independent Disciplinary Committee is chosen by the Chairman of Discipline, Professor Lorne Crerar
d) The panel normally consists of a legal expert (Chairman), an eminent rugby administrator and former player
e) No member of the independent Disciplinary Committee may be chosen from a country whose club is a party to the complaint
f) The ERC Disciplinary Officer, Roger O'Connor, presents the case against any cited player and not the opposing club as in previous seasons
g) Both parties have the right of appeal