Venue: Tyldesley RUFC
Date: 5thJuly 2010
APPEAL FINDINGS
Club: Orrell RUFCMatch: Orrell 2nd XV v Whitchurch 3rd XV – Raging Bull Plate Final
Venue: Wigan RUFC Date of match: 1st May 2010
Panel: H Hughes (Chairman), C.Hine, J.Daldry, A.Thompson and J.AdamsAdvisor to Panel: P Rhodes
In attendance:
(i) David Hewlett - Orrell RUFC Director of Rugby
(ii) Graham Winstanley – Orrell RUFC Secretary
(iii) Rob Smith – Coach/Captain Orrell RUFC 2nd XV
To consider Orrell’s appeal against the sanctions imposed by the Rules Committee (RC) following the complaint received from Whitchurch RUFC to wit, “Orrell broke Rule 13 of the League & Cup Rules in the Raging Bull Final.”
The RC adjudged that Orrell RUFC had breached Rule 13 and therefore the following sanctions were imposed by the Rules Committee:-
1. Orrell 2nd to be stripped of the Raging Bull Plate.
2. Orrell 2nd XV to be removed from the Raging Bull cups season 2010/11.
Evidence as to fact The Panel considered:(i) Written statements/emails from the Rules Committee regarding their findings.
(ii) Written statements/emails from Orrell RUFC
(iii) RFU 1st XV Match Cards provided by the RFU NCC
(iv) the oral evidence of David Hewlett;
(v) the oral evidence of Graham Winstanley;
(vi) the oral evidence of Rob Smith.
Decision
1. The Panel find that Orrell did not actively seek to gain an advantage with regard to their selection of the 2nd XV for the Raging Bull Plate Final. However the panel finds that Orrell failed to observe the “Spirit of the game” contrary to Rule 13 of the League & Cup Rules by including several players considered to be of 1st XV Level.
Sanction
1. The Panel decided that the first sanction imposed by the RC.
Orrell to be stripped of the Raging Bull Plate.Upheld, Orrell to return the Raging Bull Plate.
2. The Panel decided that the final sanction imposed by the RC.
Orrell 2nd XV to be removed from the Raging Bull cups season 2010/11.
Suspended, Orrell 2nd XV to be allowed entry to the Cup competitions, however the original sanction is suspended for a period of 1 year and will come into force should Orrell to be found in breach of any league rules again with 1 calendar year from the date of this hearing.
Right of Appeal
The right of, and procedure on, appeal is set out in Regulation 11 of the RFU’s Disciplinary Regulations.
Howard Hughes H.HughesAppeals Chairman Date: 5th July 2010