Late yesterday afternoon, I read a post on the
Come All Within website in which someone asked,
So, how much work did you get done today? Like other Harlequin fans, my work rate was a little compromised by the fact that I was regularly refreshing the BBC (and Telegraph) websites to see if there was any news of Tom Williams' appeal against his year long suspension for faking a blood injury.
In the end, news came at the end - of the day. At around Eleven PM the ERC Appeal Committee issued its judgement.
Misconduct Appeal Hearing Decisions
17 August 2009, 6:29 pm
An independent Appeal Committee convened in Glasgow on Monday, 17 August, to hear the appeals lodged against decisions of the independent Disciplinary Committee regarding the Heineken Cup quarter-final match between Harlequins and Leinster at the Twickenham Stoop on 12 April, 2009.
The original independent Disciplinary Committee, which convened over three days (2, 3 and 20 July), found that the Club (Harlequins) and Mr Tom Williams were guilty of Misconduct under the Heineken Cup Disciplinary Rules by fabricating a wound or blood injury in order to allow Nick Evans (No 10), who had earlier been substituted, to return to the field of play during the match.
The original Committee imposed a fine of 250,000 Euro on Harlequins, of which 50 percent was suspended for two years, and the Committee suspended Mr Williams from playing rugby for a period of 12 months up to and including 19 July, 2010.
The Committee found that the Misconduct Complaints against club officials Dean Richards (Director of Rugby), Dr Wendy Chapman (Doctor) and Steph Brennan (Physiotherapist) had not been proven.
Mr Williams lodged an appeal against the sanction imposed on him and ERC Disciplinary Officer Roger O'Connor appealed the level of sanction imposed on the Club (Harlequins) and the decision of the Committee to dismiss Misconduct Complaints against the three Club officials.
Appeal Decisions
After almost 14 hours of hearings the independent Appeal Committee, chaired by Rod McKenzie (Scotland) and also comprising Professor Lorne D Crerar (Scotland) and Mark McParland (Ireland), issued the following decisions.
Tom Williams: Following the introduction of new evidence by Mr Williams where he admitted his guilt in the Misconduct and where he explained the part played by Mr Richards and Mr Brennan in fabricating the wound or blood injury, as well as disclosing full details of the steps taken by those involved to cover up what had happened in the period following the match, the Committee upheld the appeal and reduced the sanction to a suspension of four (4) months up-to and including 19 November 2009.
Dean Richards: Following the introduction of the new evidence by Mr Williams and an admission of guilt by Dean Richards, the Committee allowed the ERC appeal and found that Mr Richards was guilty of Misconduct in that he organised the fabrication of a wound or blood injury. Mr Richards acknowledged that he had orchestrated the subsequent cover up of the incident.
The Committee imposed a suspension of three (3) years on Mr Richards from participating in any capacity in ERC tournaments and will be requesting that other tournaments and Governing Bodies give effect to this suspension in their tournaments.
Steph Brennan: Following the introduction of the new evidence by Mr Williams and an admission of guilt by Steph Brennan, the Committee allowed the appeal and found that Mr Brennan was guilty of Misconduct in that he participated in the fabrication of a wound or blood injury. Mr Brennan acknowledged that he had been actively involved in the subsequent cover up of the incident.
The Committee imposed a suspension of two (2) years on Mr Brennan from participating in any capacity in ERC tournaments and will be requesting that other tournaments and Governing Bodies give effect to this suspension in their tournaments.
During the course of the hearing it was disclosed that there had been four previous occasions in non ERC tournaments in which Mr Richards and Mr Brennan had fabricated a wound or blood injury. Details of these incidents will be passed on to the relevant tournaments organiser.
The Club (Harlequins): The Committee found that the club were vicariously liable for the actions of its employees and that the level of Misconduct by its employees was of a greater magnitude than had been established in the original hearing based on the new evidence from Mr Williams and upheld the ERC appeal and increased the fine imposed on the Club to 300,000 Euro, which it must pay in full by 1 December 2009.
Dr Wendy Chapman: The Appeal Committee dismissed the ERCs Disciplinary Officer’s appeal on grounds that the Appeal Committee lacked jurisdiction under the Disciplinary Rules in this particular case.
Notes
Independent Appeal Committee:
a) Following the decision(s) of an independent Disciplinary Committee all parties (the Club, player(s), individuals and ERC) have the right to appeal the decision(s) of the Committee.
b) The independent Appeal Committee is chosen by the Chairman of the independent Disciplinary Panel Professor Lorne Crerar.
c) None of the members of the independent Disciplinary Committee who issued the decisions being challenged in the appeal(s) may sit on the independent Appeal Committee.
d) The full written decision(s) for the original independent Disciplinary Hearing and the Appeal Hearing will be made available on ercrugby.com/disciplinenews at a later date when the full written decision(s) of the Appeal hearing have been completed and issued to all parties
Tom Williams should not have faked his blood injury. At the original hearing, he should not have covered up what happened. He did, however, but finally came clean. It was good that he did so and it is heartening that his twelve month ban has been reduced to just four months. Hopefully they will fly by and he will be back in the First XV in November.
Dean Richards turned Harlequins around as a rugby club. When he arrived, the team had just been relegated. At the end of last season, we finished second in the Premiership. He cheated. Not just once but numerous times, but I'm a Dutchman if his cheating took place in anything other than a cultural context in rugby union in which directors of rugby and other staff regard bending the rules and plain breaking them as acceptable. That this is the case is certain judging by recent statements made by other people involved in the game.
After yesterday's hearing, Richards said he would reflect overnight on his ban, but he has three years to do so. As he said, it is a long time, although in fairness to the ERC it is hard to see what else it might have done. I very much hope that in 2012 Dean Richards (and, for that matter, Steph Brennan) is given the opportunity to redeem his reputation within the sport. All men deserve a second chance.
In the meantime, perhaps Harlequins can now put this matter behind it and move on. Although, if the ERC is going to make information regarding other incidents of faking blood injuries available to the relevant authorities, one has to wonder if other punishments may lie in the future.
As for me, I will be checking the BBC website a few times less today. After Richards' ban, I'm not sure I have the heart to keep up with the matter. Let's hope that Harlequins remember the good that he did for the club and do well for him in that context this season.