18 May, 15:44
It's down to the wire now for the five contenders who have been shortlisted for the ultimate individual accolade in northern hemisphere rugby, ERC European Player of the Year 2013.
An independent Disciplinary Committee, chaired by Rod McKenzie (SRU) and completed by Dr Barry O'Driscoll (IRFU) and Professor Lorne D. Crerar (SRU), found that:
CITING 1: Contravention of Law: 10.4 (a) - Punching or striking: A player must not strike an opponent with the fist or arm, including the elbow, shoulder, head or knee(s).
The citing was upheld and the independent Disciplinary Committee found that the player intentionally struck an opponent with his elbow.
The player was suspended for 10 weeks and two days, starting with immediate effect. The suspension will run up to and including Sunday, 5 March, 2006.
The independent Disciplianry Commmittee did not find it established that the player had kicked an opponent and that part of the citing was dismissed.
Both parties were advised of the right to appeal.
ERC DISCIPLINARY PROCEDURE
(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.