The disciplinary hearing considering the citing complaint against Brian Mujati, the Northampton Saints replacement prop forward (No 18), which began in Dublin on Thursday, 22 October, 2009, will be reconvened in Glasgow on Monday, 2 November.
Judicial Officer Rod McKenzie (Scotland) adjourned the initial hearing to allow additional evidence to be heard with regard to the determination of the appropriate sanction, if any. Mr McKenzie did, however, impose an interim suspension on the player until Monday, 2 November, 2009.
The citing lodged by the Citing Commissioner for the match, Murray Whyte (Ireland), was for an alleged push in the back of referee Nigel Owens (Wales) in contravention of Law 10.4 (l) during the Heineken Cup Round 2 match against Perpignan at Stade Aimee Giral on Friday, 16 October, 2009.
After considering the player's guilty plea and evidence, Mr McKenzie found that Brian Mujati was guilty of an act contrary to good sportsmanship in contravention of Law 10.4 (l).
Law 10.4 (l) - Acts contrary to good sportsmanship
The hearing will start at 11am on Monday morning. If the Disciplinary hearing reaches a conclusion on Monday, the decision of the independent Judicial Officer will be issued by press release.
The full written decision of the independent Judicial Officer will be available on www.ercrugby.com/disciplinenews when the disciplinary process is complete
i) Citing Commissioner
a) Citing Commissioners will be appointed by ERC for all Heineken Cup and all televised Amlin Challenge Cup matches and shall be entitled to cite a Player for any act or acts of Foul Play that in the Citing Commissioner's opinion warranted a citing.
b) For such matches Clubs will not have the power to cite a player but may refer incidents to the Citing Commissioner within 24 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. In exceptional circumstances this deadline can be extended.
d) The Disciplinary Officer may forward the submitted Citing to a Citing Officer to determine whether there are sufficient grounds for the citing to progress.
e) The Disciplinary Officer will then bring a charge against the cited player.
(ii) Independent Disciplinary Hearing
a) Citing hearings will be heard by an independent Judicial Officer as soon as is practicable. Until the hearing a cited player is eligible to play in ERC tournaments
b) The independent Judicial Officer is chosen by the Chairman of the independent Disciplinary Panel, Professor Lorne Crerar
c) The ERC Disciplinary Officer, Roger O'Connor, presents the case against the player
d) Both parties to the hearing (ERC and the player) have the right to appeal decisions of the independent Disciplinary Hearing. Appeals must be lodged within 72 hours of receiving the full written decision from the Chairman of the independent Disciplinary Judicial Officer.
The directors of ERC voted unanimously at a Board meeting to postpone all decisions including the release of further instalments of ERC's distributable central revenues to the six shareholder countries until 19 February next when the Board will meet again to reconsider the issue.