James Horwill cited for stamping

[vidiot]

I do not like the whole IRB appeal, but it is in the rules/laws, has been in book apparently since last june, and noone cared until

Until the first time the IRB used it to retry a player found innocent in a 4 hour hearing by their own proceeding and judicial officer.

The fact that its the australian captain and it was announced at the last second before the 2nd Lions test might have something to do with the angst.

At least the IRB has a discrete appeals tribunal and process for this remarkable event, rather than just doing the same thing again with another QC (Quade Cooper)/judicial officer until they get the result that they/the BIL/ British media want. That would just weaken the existing process.

Oh, wait.

 

[Dan54]

Isn't the whole timing thing the issue though? These powers have been around for a year and so far we've only seem them intervene on a length of punishment. This is the first time we have seen an appeal of their own decision. You can't tell me that there haven't been other issues in those 12 months that warranted the same treatment?

I imagine the British press are completely ignoring the Farrell stomp in all of this.

No I can't tell you there hasn't been other issues over the last year, but I can't tell you there has been either. I haven't been able to watch every test that these rules apply to. I not sure if it can be used in comps like RC and S15, Heineken cup and 6N as I believe they are under jurisdiction of their respective bodies such as SANZAR.

 

[Dan54]

Just out of interest why do they want to go to another QC (Quade Cooper), Deans is not using the one in Aus!!!

 

[Inside Shoulder]

Just out of interest why do they want to go to another QC (Quade Cooper), Deans is not using the one in Aus!!!

I dont follow. Who is "they"?

 

[wamberal]

Lions management claimed that they did not lodge an appeal against the finding. If they had, most of us would probably accept that it would then be up to the judicial process to consider the grounds for appeal, and if the grounds were adequate, an appeal would be a fair enough thing.

 

[George Smith]

I'm curious, can the ARU appeal the IRBs decision to the CAS? (International Court of Arbitration in Sport).

Is there any feedback to the validity of this suggested action?

In the very least it would a) test the IRBs process and b) stall any decisions outcome/decision to be served until it has been tested/heard and c) confuse all and sundry long enough to play the 3rd test with your selected captain.

 

[Inside Shoulder]

Is there any feedback to the validity of this suggested action?

In the very least it would a) test the IRBs process and b) stall any decisions outcome/decision to be served until it has been tested/heard and c) confuse all and sundry ling enough to play the 3rd test with your selected captain.

Well the IRB seem to have invoked their jurisdiction in the past so my hunch is its possible:
http://worldlii.austlii.edu.au/au/journals/ANZSportsLawJl/2009/8.pdf

 

[George Smith]

Well the IRB seem to have invoked their jurisdiction in the past so my hunch is its possible:
http://worldlii.austlii.edu.au/au/journals/ANZSportsLawJl/2009/8.pdf

IS, another one for your conversation with Mr Pulver!?

 

[Inside Shoulder]

However CAS says on its website:

An appeal against the decision of a federation, association or sports-related body may be filed with CAS if the statutes or regulations of the said body so provide or if the parties have concluded a specific arbitration agreement and if the Appellant has exhausted the legal remedies available to him prior to the appeal, in accordance with the statutes or regulations of that body.

And I have been unable to find where in the IRB regs such a process is sanctioned/envisaged.
The IRB disciplinary regs described the decision of an appeals panel as "final and binding" - but they may mean only until overturned.

 

[Inside Shoulder]

IS, another one for your conversation with Mr Pulver!?

I'll have to play 18 holes - but your hyphenated buddies know him better than me!

 

[Inside Shoulder]

George Smith having done a little more research it wold appear that the agreement necessary to invoke the jurisdiction of the Court of Arbitration for Sport relates only to anti-doping.
But that's based on searching rather than reading all of the handbooks etc - so there is a possibilty its wrong.
As such the appeal would seem to represent the end of the road.

 

[Set piece magic]

There needs to be more of a stink made about this it is actually a disgrace that they are just appealing to get the result that they want.

 

[Sully]

Ian Peyton has weighed in!

International Rugby Board under fire after appealing its own decision not to ban James Horwill

Let's cut to the chase: the International Rugby Board is calling James Horwill a liar.

That is the ugly reality of the IRB's decision to re-try his stamping case, which not only directly questions the integrity of the Wallaby captain, but also undermines the IRB's own judicial process to the point of collapse.

Read more: http://www.foxsports.com.au/rugby/wallabies/international-rugby-board-under-fire-after-appealing-its-own-decision-not-to-ban-james-horwill/story-e6frf55l-1226671755579#ixzz2XaEiunHt

 

[Bullrush]

There needs to be more of a stink made about this it is actually a disgrace that they are just appealing to get the result that they want.

I think it's great. They are appealing to get the right result.

The IRB are the custodians of the game and as they did with Adam Thompson, they are intervening to protect the image of the game. It certainly is not a good look on the game to have someone stomp 3 people this year, the last one resulting in injury to the opposition with stiches to the head, not have any action taken against him.

If you want to blame someone, blame Horwill and his reckless pay.

 

[Zander]

You're missing the point, it's not about the right result. James Horwill got a fair trial and received a verdict by someone the IRB appointed. They IRB want this verdict changed.

 

[young gun]

I think it's great. They are appealing to get the right result.

... to have someone stomp 3 people this year...

If you want to blame someone, blame Horwill and his reckless pay.

Out of interest, and I don't know the answer before I ask, this is, at least, the second time you've made this accusation in this forum. I assume one was the current situation, what were the other two? Any proof?

 

[Inside Shoulder]

I think it's great. They are appealing to get the right result.

On that basis there should be no end to the number of appeals: the IRB can just keep going until they get the "right result".
But if the "right result" is so obvious and depends on what the IRB thinks is the "right result" why have any hearing at all? Why not just have the IRB pronounce the sentence without a hearing and cut out all the middle men.

 

[Pusser]

Out I assume one was the current situation, what were the other two? Any proof?

He got an off field yellow for stamping Pat Cowan and he stamped Dan Palmer in the Brumbies game. not cited but video similar to this one and similar injuries I think. I think he should have been found guilty but once found innocent it is a bit rich for the IRB to appeal it. I wonder whether the QC (Quade Cooper) would accept another brief from them.(the IRB)

Sent from my iPad using Tapatalk HD

 

[Dai bando]

Appointing a barrister or lawyer is that if there is any doubt, not Guilty will be the verdict, that it took 4 hrs to come to a decision I must assume there was a doubt whether reasonable or not.
Therefore if they appoint a further Barrister or lawyer I cannot see how the verdict will be any different, This is just a smoke screen by the IRB saying we've done our job.

 

[young gun]

He got an off field yellow for stamping Pat Cowan and he stamped Dan Palmer in the Brumbies game. not cited but video similar to this one and similar injuries I think. I think he should have been found guilty but once found innocent it is a bit rich for the IRB to appeal it. I wonder whether the QC (Quade Cooper) would accept another brief from them.(the IRB)

Sent from my iPad using Tapatalk HD

Ok, so he has form - thanks for the info. Hadn't really been following the Reds this year so was unaware of those - bad look then.