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A Disciplinary Hearing was convened today (Wednesday, 23 November, 2011) as a result of the citing complaint made against the Connacht Rugby player, Mike McCarthy (No 6), arising from the Heineken Cup Pool 6, Round 2 match against Toulouse at the Sportsground on Saturday, 19 November 2011.
The complaint was made by Citing Commissioner, Bruce Reece-Russel (England), and was for an alleged dangerous tackle on the Toulouse wing, Vincent Clerc (No 14), during the first half of the game in contravention of Law 10.4 (e) for which McCarthy received a yellow card.
Law 10.4 (e) - Dangerous tackling of an opponent including a tackle or an attempted tackle above the line of the shoulders even if the tackle starts below the line of the shoulders
During the hearing, McCarthy accepted that he had committed an act of foul play, but he disputed that it warranted a red card. The independent Judicial Officer, Roger Morris (Wales,) heard submissions from the player, his solicitor, Donal Spring, Connacht Rugby Team Manager, Tim Allnutt and from ERC Disciplinary Officer Roger O'Connor.
The independent Judicial Officer upheld the citing complaint and having considered the evidence available, determined that the act was in the low-end of the level of seriousness for an offence of this type, with an entry point of two weeks.
After considering the player's disciplinary record the Judicial Officer added one week to the entry level, and deducted one week in mitigation due to the player's guilty plea and conduct during the hearing, with the player receiving a suspension of two weeks. McCarthy will be available to play on Thursday, 8 December 2011
Under the IRB Recommended Sanctions for Offences Committed within the Playing Enclosure, Law 10.4 (e) carries the following penalties: Low End: 2 weeks; Mid Range: 6 weeks; Top End: 10+ to 52 weeks.
Both parties, ERC and the player, have the right to appeal the decision.
Steven Shingler Hearing Decision
A Disciplinary Hearing as a result of the red card issued to Steven Shingler, the London Irish player (No 12), during the Heineken Cup, Pool 2 match against Cardiff Blues at Cardiff City Stadium on Friday, 18 November 2011 was conducted today (Wednesday, 23 November 2011).
The red card was issued in the 20th minute of the first half by referee, Jerome Garces (France), for a dangerous tackle on the Cardiff Blues centre, Dafydd Hewitt (No 12), in contravention of Law 10.4(j).
The independent Judicial Officer, Roger Morris (Wales), heard submissions from Shingler, the London Irish Head Coach Toby Booth, Team Manager Kieran McCarthy and ERC Disciplinary Officer, Roger O'Connor, before determining that the tackle was at the mid-range entry point of six (6) weeks.
As a deterrent against the this pattern of offending within the game the Judicial Officer added a further two (2) weeks to the entry point of six (6) weeks, but having taken into account the player's guilty plea and clear record, he decided on a reduction of four (4) weeks.
Shingler is therefore suspended for four (4) weeks from the date of the match and will be free to play on Monday, 19 December 2011. Both the player and ERC have the right to appeal the decision.
Law 10.4(j) Dangerous tackle - Lifting a player from the ground and either dropping or driving that player's head and/or upper body into the ground whilst the player's feet are off the ground
Under the IRB Recommended Sanctions for Offences Committed within the Playing Enclosure, Law 10.4 (j), carries the following penalties: Lower End: 3 weeks; Mid Range: 6 weeks; Top End: 10+ to 52 weeks
