An independent Disciplinary Committee met in Dublin on Tuesday, 8 November and upheld the citing complaint brought against David Barrier, the ASM Clermont Auvergne lock.
The citing was for alleged foul play (stamping) in the Heineken Cup Round 2, Pool 3 match between ASM Clermont Auvergne and the Ospreys at Parc des Sports Marcel-Michelin on Sunday, 30 October .
As the match was not a live televised game a Citing Officer was asked to review the citing complaint lodged by the Ospreys. Having reviewed the incident the Citing Officer recommended that the citing complaint should go before a disciplinary hearing. The citing complaint lodged against Mr. Barrier was for alleged stamping in contravention of Law 10.4 (b):
- Law 10.4 (b) Stamping or trampling. A player must not stamp or trample on an opponent.
The independent Disciplinary Committee, comprised Brian McLoughlin of the IRFU (Chairman), George Spotswood (IRFU) and Iain Goodall (SRU). After reviewing video evidence, statements from witnesses and interviewing the player, the committee found the citing complaint proven and suspended the player for 10 weeks. The player will be free to play again on 17 January, 2006. Mr. Barrier has the right to appeal.
NOTES RE CITINGS
(i) Citing Commissioner
a) for live televised games a Citing Commissioner will be appointed by ERC and shall be entitled to cite a Player for any act or acts of Foul Play that in the Citing Commissioner's opinion warranted the player being shown a red card.
b) Clubs will not have the power to cite a player but may refer incidents to the Citing Commissioner within 12 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.
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) Citing Officer
a) for non-televised games, where a player is cited by either of the clubs competing in the match, his case shall be immediately referred to the Citing Officer.
b) The citing must be submitted in writing and received by the Citing Officer within 50 hours of the start of the match. The Citing Officer will consider the citing and decide whether the player cited has a case to answer.
c) After this review, if the Citing Officer determines there is no case to answer, no further action will be taken. The determination of the Citing Officer will be final and binding.
d) Should the Citing Officer 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.
(iii) Independent Disciplinary Committee
a) The independent Disciplinary Committee is chosen by the Chairman of Discipline, Professor Lorne Crerar.
b) The three-man panel normally consists of a legal expert (Chairman), an eminent rugby administrator and former player.
c) No member of the independent Disciplinary Committee may be chosen from a country whose club is a party to the complaint.
d) The ERC Disciplinary Officer, Roger O'Connor, presents the case against any cited player.