The International Rugby Board has announced the findings of the Enquiry into the events that resulted in Marius Tincu playing for his French club while suspended from all levels of the Game.
The IRB established a three-person Panel of Enquiry, Chaired by IRB Executive Committee member and SARU President Oregan Hoskins, to investigate the role of the Fédération Française de Rugby in the apparent failure to enforce the Game’s Regulations. In the Tincu case the player continued to represent his club USA Perpignan despite being subject to an ongoing 18-week suspension.
Tincu was suspended by an ERC disciplinary tribunal for making contact with the eye/eye area following an incident during a Heineken Cup match against the Ospreys last October. The Player’s appeal to an ERC Appeal Committee was dismissed and the sanction upheld.
Tincu and Perpignan then took steps to appeal to the Ligue Nationale de Rugby (LNR), but the LNR Disciplinary Committee extended the ERC sanction into France. However, a further appeal to the Comité National Olympique et Sportif Français (CNOSF) ruled in favour of Tincu and determined for reasons particular to the case facts that Tincu’s suspension should not be applied in France's Top 14. The LNR adopted that recommendation and determined that Tincu could play in the Top 14.
Having considered all of the facts and circumstances, the Panel of Enquiry recognised the specific structures enshrined in French law and its application to the FFR, but noted that while the FFR had acted in accordance with the set procedures and practices its supervisory jurisdiction could have been more strictly exercised.
The Panel made a number of recommendations outlining how the application of all sanctions could be ensured in France. These recommendations were approved by the IRB Council at its May 13 meeting and the FFR has agreed to adopt the recommendations in advance of the 2009/10 Rugby season in France.
The Recommendations include the following actions to be undertaken by the FFR:
(a) FFR/LNR rules to provide clarification around the extension process of international disciplinary decisions into France and the specific recognition of such sanctions in France.
(b) FFR to exercise a more pro-active supervision of the authority it has delegated in disciplinary matters to the LNR.
(c) FFR to make available to the CNOSF a package of information regarding IRB Regulation 17 and the Rugby judicial process.
(d) FFR/LNR rules to provide that the FFR is always requested and obliged to attend every conciliation and CNOSF to be provided with all relevant documentation.
The universal application of sanctions is a key element of the Rugby specific sanctioning regime developed to cater for the unique characteristics of the sport and remains in operation under IRB and Rugby regulations worldwide.
Accordingly, and in keeping with IRB Regulation 17 the IRB confirms the position that when a Rugby player is suspended from playing by an appropriate disciplinary tribunal, that player may not play Rugby anywhere in the world at any level during the period of the suspension.
The Panel of Enquiry did not examine or adjudicate on whether Tincu, by playing in the French Top 14 during the period of his suspension, put himself or others in breach of ERC’s Participation Agreement.
For more information on this press release please contact: Dominic Rumbles, IRB Head of Communications, +353 (0) 86-852-0826, email: dominic.rumbles@irb.com Your complete source of news about the Olympics is www.aroundtherings.com, for subscribers only.
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