With Scotland set to appeal against the suspensions that have ruled Ross Ford, the hooker, and Jonny Gray, the lock, out of Sunday’s Rugby World Cup quarter-final clash with Australia, it has emerged that Christopher Quinlan, the QC who was in charge of the discipline tribunal that gave both players three-week bans for a dangerous tackle on Jack Lam, of Samoa, last weekend, disregarded a submission from the match referee, who said he had seen nothing wrong with the incident.
The pool B match at St James’ Park in Newcastle was refereed by Jaco Peyper, the hugely experienced South African official, who has taken charge of more than 25 internationals and has been on World Rugby’s elite panel since 2011. In an email to the discipline tribunal, Peyper confirmed that he had seen the tackle and stated: “After our internal performance review process, I am satisfied that I dealt with the incident appropriately.”
However, in his written judgment on the case, Quinlan declared that part of Peyper’s evidence was inadmissable on the basis that the Tournament Disciplinary Programme (TDP) rules stated that referees and assistant referees “may only give evidence of fact, not opinion”.
The ruling is likely to alarm many in the sport who already feel that referees, who for years have been encouraged to develop empathy with players and to apply the laws of the game wisely, are being emasculated by television match officials and citing commissioners. In the Ford/Gray case, concerns have also been raised about the fact that Scott Nowland, the citing official who initiated the discipline process, is Australian.
Scotland team officials received the 16-page written judgment yesterday and have until early afternoon tomorrow to lodge an appeal. It is understood that Bruce Caldow, the SRU lawyer who attended the hearing, was studying the document last night, and the indications are that objections will be raised both to the reasoning behind the verdict and the length of sentences.
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The Scots gained support from an unlikely source when Michael Cheika, the Australia head coach, said he sympathised. “I haven’t seen the incident but I feel for them,” he said. “It’s the World Cup, you have worked hard for it and when you get to possibly three finals to play, you miss out.”
Jonathan Davies, the former Wales fly-half, described the spate of discipline hearings as “a disgrace” and “a bit of a joke,” going on to suggest that less powerful nations were being treated more harshly.
While most of the Scotland players kept their counsel, presumably out of concern that their comments could be prejudicial to Gray and Ford in an appeal hearing, Josh Strauss, the Glasgow Warriors loose forward, came out in support of the two players.
“We are all very disappointed,” he said. “When I heard it, I was angry. It was more for them but I can imagine myself in their shoes and how I would feel if it was me.”
Justice, World Rugby-style: tournament punishments in full
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Five-week bans
Alesana Tuilagi (Samoa): Use of knee v Japan, which went on to be reduced to two weeks after an appeal. Nick Blevins (Canada): Dangerous tackle v Romania.
Three weeks
Paula Ngauamo (Tonga): Tip tackle v New Zealand. Jonny Gray, Ross Ford (Scotland): Tip tackle v Samoa.
Two weeks
Renaldo Bothma (Namibia): Dangerous tackle v Georgia. Tevita Mailau (Tonga): Dangerous tackle v Namibia. Mihai Macovei (Romania): Dangerous tackle v Canada.
One week
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Sean O’Brien (Ireland): Punching v France. Marcelo Bosch (Argentina): Tip tackle v Namibia. Dominiko Waqaniburotu (Fiji): Tip tackle v England. Nemani Nadolo (Fiji): Dangerous clear-out at ruck v Australia. Michael Hooper (Australia): Tackling without arms v England.
Those who escaped
David Pocock (Australia): Knee in back v Wales. Tom Wood (England): Shin to the head v Wales. Sam Burgess (England): High tackle v Australia. JP Pietersen (South Africa): Tip tackle v Scotland.