Tonight, the Monday before Saturday’s crucial third Test between the Wallabies and the British and Irish Lions, the IRB is deliberately perverting its judicial appeal processes to ensure that the Wallaby captain James Horwill, a hero of the Melbourne Test with his play and his captaincy, cannot take the field in Sydney.
This is an unacceptable interference into the outcome of an engrossing Test series by rugby’s governing body which should be exercising its powers for the benefit of all its stakeholders, and not for the influential rugby figures who run the Lions franchise.
The Lions management has denied that it has approached the IRB to re-open Horwill’s case for tonight’s hearing.
But it is common gossip among the rugby writers gathered in Australia for the Lions series that the IRB has been pressured by rugby heavyweights with a connection one way or another with the Lions to pursue Horwill and ensure he won’t play on Saturday night.
The British media, as well, has joined in enthusiastically on this campaign.
Stuart Barnes, for instance, was absolutely sure that Horwill will be found guilty of stamping the head of Alun Wyn Jones in the first Test at Brisbane and that he would and should be put out of rugby for some time.
His line of attack on Horwill, and his absolute confidence that the IRB will find him guilty suggests (to me, at least) some sort of inside wink-wink, no names no pack drill briefing from IRB or possibly Lions people about what is going to happen tonight.
Let’s start at the beginning. At the time of the alleged incident in the Brisbane Test, there was no indication that anything untoward had happened. There were no complaints for the Lions camp.
The citing official, an Australian, brought the matter up the morning after the Test.
A hearing was held by the IRB’s own judicial offer, a New Zealand QC, Nigel Hampton. Hampton spent four hours hearing evidence and going through the film evidence from nine cameras, frame by frame.
Hampton found no evidence that the alleged stamping was deliberate or intentional. Anyone looking at the footage would come to the same conclusion.
Horwill himself, a honest player, claims that he had no knowledge about what happened and was surprised to be told that he was cited for something that came as a complete surprise and shock to him.
Instead of accepting its own judicial officer’s considered decision, the IRB then took the extraordinary step of appointing another judicial official, the Canadian Graeme Mew, to re-open the case.
Bill Pulver, the chief executive of the ARU, makes this valid point: “The IRB appointed a judicial officer, who gave a ruling. The IRB has now decided to appeal that ruling and appointed a new judicial officer.
“The new judicial officer has two options: he can say the IRB was wrong for appealing or he can find James Horwill guilty. The process is problematic.”
This is being kind. The process is being manipulated to ensure an outcome that is favourable to the Lions and hurtful for the Wallabies.
We do not know what the basis of the appeal is. Why the secrecy?
The appeals process that is being used was brought in last year. The new regulations require a committee of two to five people. Why is this a one-man committee?
Why has the IRB’s CEO, the Australian Brett Gosper, been so silent on the issue?
There is something very smelly about this whole matter which the feisty rugby writer for The Australian, Wayne Smith, correctly suggests involves the Wallaby captain appearing before a Kangaroo Court.
For Mr Mew either repudiates the IRB’s decision to appeal a ruling by one of its own judicial officers, or he repudiates a decision made by a judicial officer who is a student of rugby, a QC and, by definition, an expert in interpreting what a law stands for.
There is another aspect of this case that is very worrying. This is the veil of secrecy that the IRB has lowered around the matter. We do not know what the grounds for renewing the case against Horwill are. We don’t know the supposed errors of law the QC Hampton is supposed to have made.
To me this raises the issue of whether the IRB has considered the overall legality of what it is doing. Admittedly, the IRB claims that the Mew decision cannot be appealed. But it seems to be violating its own regulations by insisting on a one-man committee.
If the Mew committee finds against Horwill, I hope that the ARU will take the IRB to the Equity Court in NSW for a determination on whether Horwill, and indeed Hampton QC, have received natural justice in these insidious proceedings.
For too long, the IRB has been not much more than a lobby group that looks after the interests of the so-called Home Unions, the unions that provide the players for the British and Irish Lions.
Enough is more than enough. It’s time for the IRB’s bully-boy hostility to the Australian and New Zealand rugby to be called to account. And the best way of starting this process is to ensure that the charges against James Horwill are cleared, one way or another.
Waka Herewini
Guest
Turnbull, watch the tape you apologist for out-an-out thuggery. Horwill brings his knee up. then stamps his boot down hard in the very unnatural plum/pudd position on the players face. For Spiro to be a lick-spittle for this sort of cowardly thuggery means he no longer has any credability as far as I am concerned Is it Gosper who is thwarting justice in this case?
Dublin Dave
Guest
You calling me an Australian? Wash your mouth out!!!! It's not that I WANTED him acquitted. I just said he should have got the benefit of the doubt. Which he now has done and will play next Saturday. Now we can say "End of Story". I just refused to be impressed by the paranoia which alleges that it was all part of a dastardly conspiracy theory stoked by men in smoke-filled rooms close to the IRB headquarters in Dublin. Actually since the ban on smoking in places of work over here that analogy is now happily out of date. The real conspiracy is the stirring up of a supposed slight to engender a siege mentality among Australian rugby fans. It's straight out of the Alex Ferguson playbook. There's a difference (fortunately) between the notoriously thuggish fans of Millwall soccer club in London and Australian rugby fans. Millwall fans roar: "No one likes us. We don't care" Australian fans howl: "No one likes us. And we're very upset!!"
Jerry
Guest
1 ) Maybe it's acceptable to call people child molesters where you come from, but you should probably find another insult to use, you pink-eyed necrophiliac. 2) You're wrong. Learn the fecking laws. Rucking the player is illegal. "A player rucking for the ball must not intentionally ruck players on the ground." Obviously some incidental contact will be allowed, but that's not what you're talking about. 3) Seeing as St Kev was issued an off field yellow for one of those incidents it was obviously also clearly illegal.
BetterRedThanDead
Guest
Jerry, rucking is a part of rugby you nonce. If you are on the ground obstructing the ball the laws allow opponents to use their feet on your body (not head) to remove you. Rucking does not include stomping; which is clearly illegal.
Jerry
Guest
I don't see how that follows - if there's an impasse between Australians and not Australians, how can anyone be an independent? Unless they are neither of those things which is kind of impossible so the only alternative is - stick with me here - someone or something who is BOTH Australian and not Australian. So they should have appointed a Pavlova, the ghost of Phar Lap, the surviving members of Split Enz or Russell Crowe.
Sprigs
Guest
It seems to me that, in general, those who are not Australians want Horwill convicted, and those who are want him acquitted. The case had been referred to an independent QC, a former judge, who found him not guilty. It should have ended there.
Reality
Guest
Agree that Handcock got the worse deal. You are also right in that it was an attempt to appease the Germans, so what? That was the right thing to do, let a lying, thieving conman and murderer die to save potentially millions of lives, what would you do to avert a world war? Handcock was unfortunate to be influenced by Morant. Also following orders? WTF , "don't take prisoners" in the ear doesn't mean "round them up and execute them", Morant was a fool on top of the rest!
Eeben Barlow
Guest
You need to read the rules "mate" IRB can will, and have in the Adam Thompson case, appealed the citing. Here it is straight from the book. (m) Unions, Tournament Organisers and the IRB shall have the right to appeal as setout in Regulation 17.22.2(a) to (c). "The right of appeal by the IRB (in defined circumstances) and for host unions and tournament organisers was introduced into the revised Regulation 17, effective on June 1 2012, to uphold the integrity of the disciplinary process in appropriate cases." Personally I think Horwell is an alright bloke. but he made contact with another players head. Accidental or with intent I don't know, but should have received a minimum of 2 games ban (The minimum for head contact). With his exceptional player record, this I belive would have been reduced to 1 week and the IRB would have still jumped in an appealed the citing. In the Adam Thompson case he got what he deserved. And Im glad IRB appealed and he got a further ban.
Ash
Guest
Absolutely agree. It's just anti- Australian nit pickers conveniently applying things to suit themselves.
Red Kev
Guest
+1000
Jerry
Guest
Get a grip.
Loftus
Guest
I also think Horwill is guilty. If the Lions camp had anything to do with the IRB s u-turn,then it starts to get fishy. 4 years ago it was Bakkies Botha getting a suspension of 2 weeks for clearing a ruck and then missing the 3rd test.
colvin
Guest
I read on another site a very good idea if the IRB (Gosper) are intent on helping the Lions. They should ban Genia, Lealiifano, Folau and Ashley-Cooper while they're at it. I'm sure they'll be able to come up with a good reason.
Steve T
Guest
Simon - do you really think looking down implies he has X-Ray vision to see through the bodies beneath his face. Really some people are wasting their time commenting
Steve T
Guest
Roland, Roland, Roland. When will you learn. Walking is not stamping, jumping is not stamping lift your leg to fart is not stamping. Stamping is an intentional act.Stepping backwards can be intentional or it can be a reaction due to pressure from in front. But it is not stamping. Just as lying on the ground in a position where you could be trod on was probably not intentional, but reckless and careless.
Parisien
Guest
No, McCaw just knees them in the head. He took out Parra and it was "just an accident".
Steve T
Guest
Roland, your argument is irrelevant. You cannot just call every movement of the foot a stamp, tramp, kick, slice or dice. You can't headbutt a person, yet based on your argument, every head clash should result in 2 players being suspended. Horwill moved his foot, as anyone would expect in such a situation. You can't always stop and look behind you before putting a foot down. If he had twisted his ankle should Jones have been sited???
Steve T
Guest
Well stated Kingplaymaker
Steve T
Guest
I totally agree that he had no vision and therefore no intent. I would not like to see us use the line - he's the Wallaby captain therefore deserves respect. That sounds too much like the Kiwis expecting (and more often than not receiving) undue respect for their All Black captains over and above any other player. Mind you, if the Kiwi solicitor gets Horwill his true justice and this case is thrown out of court, I too will show greater respect for our Kiwi Kousins.
lions fan
Guest
great article mate and I agree totally with you...if horwill is out..... a) take them to court B)the aussie should refuse to play the test until the are allowed to appeal the corporate lions sponsors will soon give it up then....what a bunch of knobs...you bet gatalnd has driven this....