ERC Press Release: Hearing findings

An independent Disciplinary Committee, comprised of Chairman, Rod McKenzie (SRU), Robert Horner (RFU) and Bruce Reece-Russel (RFU), met in Dublin today (Wednesday, 10 November, 2004) to hear citing complaints made by Munster against Neath-Swansea Ospreys wing Richard Mustoe and by Neath-Swansea Ospreys against Munster prop Marcus Horan following the Heineken Cup Pool 4 Round 2 match at The Gnoll on Sunday, 31 October.

- the Committee found that Richard Mustoe intentionally kicked Marcus Horan and that Mr Mustoe was reckless as to whether the kick landed on the body or the head of Mr Horan. The Committee took into account mitigating factors, such as a clean record, the player admitting the infringement and that the incident was by way of retaliation for a previous, but less serious, incident. Mr Mustoe will be suspended from all rugby for 12 weeks starting from today. The player has the right to appeal.

- in the case of Marcus Horan, for an alleged remark made during the match to a player of the opposing team, the Committee did not find it established that Mr Horan, or anyone else on the Munster team, had made the remark complained of. Therefore the Committee dismissed the citing. Had the Committee found the remark had been made, the Committee would have regarded it as racist abuse and foul play. The Committee went further and held that the alleged remark had not been made.

NOTES:

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 could 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 Committee 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