Case Number:

ON/404/19

Paul McShane #9, Castleford

Competition:

Super League

Match:

Leeds v Castleford

Match Date:

2019-03-28

Incident:

Use of forearm/elbow in the 12th minute (Myler)

Decision:

Charge

Charge Detail:

Rule – 15.1(a)
Detail – Strikes – forearm/elbow – intentional
Grade D

Fine:

£500

Sanctions:

3-5

Decision On Charge

Player plea:

Guilty, but challenging the grading

Summary of CM's submissions on the Charge / evidence:

Following a Match Review Panel meeting held on 1st April you are charged with misconduct for a breach of Law 15.1(a) during the above Match.

The Panel reviewed an incident which occurred in approximately the 12th minute of the above Match. In the Panel’s opinion you promoted your forearm and elbow towards the head of an opponent (Myler) and struck your opponent making direct contact with the head. The Panel believed that your actions were serious, unnecessary and had the potential to cause your opponent serious injury.

In accordance with the RFL’s On Field Sentencing Guidelines, the Panel consider that such offence is a Grade D offence (Striking – strikes with the elbow/forearm – ball carrier - intentional). The normal suspension range for such offence is from 3 to 5 matches.

Summary of Player's submissions on the Charge / evidence:

Player attended and accompanied by Director of Rugby Jon Wells.

Player pleads guilty but challenges the level of the grading at Grade D. Although the strike is accepted the player argues that it was not an intentional or deliberate act on his opponent and there was no intent to injure.

The footage clearly shows that the initial point of contact was the back of the players wrist and not the elbow or forearm. The elbow was going in a downward motion as the player tried to fend off the tackling player. There was no intentional contact with the opponent’s head and it was more of a struggling motion, at no time did the elbow make contact with the opponents head.

The player is adamant this was not an intentional act and has been concerned that the intentional charge was brought against him as he is not that type of player.

The Tribunal were then shown a comparison clip (Breatherton, Toulouse v Barrow) which saw the player charged with a Grade C offence. This charge was described as a reckless act and the players representative suggested that this charge should be graded at the same level with contact being reckless and not intentional.

Decision:

The Tribunal note that the player has pleaded guilty but has argued that the strike was not intentional as charged by the MRP but was more of a reckless act.

In making the decision the Tribunal have taking into account the submissions made by the player and his representative, as well as looking at the comparable clip that the club used as part of their evidence.

This Tribunal are of the opinion that the comparable clip was of little use in making the decision as to whether the charge should be intentional or reckless. In this incident the player draws his right arm back and projects it in an upwards motion towards an opponent’s head. The opponent was higher and the strike was delivered with some force. This Tribunal are satisfied this was a deliberate and intentional strike and are satisfied the grading at Grade D is appropriate.

Decision On Sanction (where found to have committed Misconduct)

Summary of CM's submissions on the appropriate sanction:

The charged was graded at Grade D due to:
• Player promotes forearm in deliberate action towards opponents head
• Arm moved upward in an upward trajectory which will obviously make intentional contact with opponents head
• Contact is direct with head
• Player puts force into strike to opponents head
• Opponent reacts to force used
• Player can clearly see opponent and his body position prior to promoting his arm
• No place for violence or thuggery
• Strikes to the head have the potential for serious injury

Summary of Player's submissions on the appropriate sanction:

Player indicates this was not an intentional act and he is not that kind of plater. He showed immediate remorse and concern for his opponent and there was no intent to cause injury.

He has a good previous record and has played 240 games in the front row, whilst it’s been 125 games since his last offence back in 2013.

Aggravating Factors:

2013: Dangerous Throw (Grade B – 1 match)
2012: Strikes with elbow/dropping on opponent (Grade B – 1 match)

Reasons for Decision:

Having decided that this was an intentional strike and graded appropriately at Grade D this Tribunal feel that taking into account the players good previous record, his immediate remorse shown towards the opponent and the fact no injury resulted they can go to the lower end of the grading and impose a 3-match suspension and a £500 fine.

Suspension:

3 matches