I did not see intent in Jannie's actions. Unfortunately these was brief contact with the eye area and that's unfortunate but it happens.
I'm not entirely sure whether I agree or disagree with the intent part, for mine that his hand was not flat is damning (ie fingers arched, the ONLY reason we do that is so that the fingertips make more direct contact with the surface) but leaving that question aside I think that the thrust of many of these type of laws is that 'intent is not even part of the equation'.
"Did the player make contact with the head in the tackle or not?" Yeah, many times it is clear that it was NOT intended, but you simply cannot tackle someone in the head region. THAT it made contact with the head is what is penalised, not the intent. (we can go as far as 'did he roll away?' Well there might have been five blokes on top so he physically could not, but he gets penalised anyway)
In this case, not only did he come running in (was
the last in?), leave aside whether or not his arched fingers have any hidden intent, the fact is he deliberately placed his hands on another players head and it was not even a static placement, he deliberately moved his hand across that face in a lateral motion. He may not have raked his face, but equally moore may have instinctively resisted that motion and for all we know he may have cricked moore's neck, a la pocock. And possibly a thousand different permutations.
ALL stemming from the basic deliberate act of engaging contact with a forbidden area of the body.
I mean no-one is surely going to try and argue that it was accidental? That his hand slipped up from the shoulders to make accidental contact as it might in a tackle situation? Even if that were true in a tackle situation it is NOT a factor in whether he get's penalised, the mere act of contact with the head is the determining factor, accidental or otherwise.
I realise we are talking post match sanctions in this case rather than on field penalties, and leaving aside the arched fingers, that he aimed for, and contacted, the 'head' (or worse, 'face' or 'area of the eyes') is sufficient grounds for sanctions.
You simply cannot aim for that part of the body.