European Rugby Cup: JOHN AFOA DECISION:

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The Ulster Rugby prop John Afoa (No 3), has been suspended for four (4) weeks following a Disciplinary Hearing in Dublin today, Thursday, 12 April arising from the Heineken Cup quarter-final match against Munster Rugby on Sunday, 8 April 2012.

Afoa was alleged to have carried out a dangerous tackle on the Munster full back Felix Jones (No 15) during the second half of the match at Thomond Park. The complaint was made by Citing Commissioner, Peter Larter (England).

The independent Judicial Officer, Jean-Nöel Couraud (France), heard evidence and submissions from Afoa who pleaded not guilty to foul play. The player was accompanied by Ulster Rugby, Director of Rugby David Humphreys, Team Manager David Millar and legal representative Donal Spring. The Judicial Officer also heard evidence and submissions from ERC Disciplinary Officer, Roger O’Connor.

The Judicial Officer upheld the citing complaint and found that the offence warranted a red card, and employing the IRB recommended sanctions for Law 10.4(j), he determined that the offence was at the mid-range entry point of six (6) weeks. In reference to the IRB’s directive on this pattern of offending (tip tackles), he then added a further one (1) week as a deterrent.

Having then considered the mitigating factors, including the player’s clean record, good character, age and experience, the Judicial Officer allowed a reduction of three (3) weeks, before imposing a suspension of four (4) weeks.

Afoa will be free to play on Monday, 7 May . Both the player and ERC have the right to appeal the decision.

Law 10.4 (j) 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: Low End: 3 weeks; Mid Range: 6 weeks; Top End: 10+ to 52 weeks.

NOTES TO EDITORS
i) Citing Commissioner
a) Citing Commissioners are 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 ERC Disciplinary Officer, Roger O’Connor, 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) 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) ERC’s 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 3 business days of receiving the full written decision from the Chairman of the independent Disciplinary Committee.

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