The Rugby Thread (Part 2)

Ferris whinging over the most favourable realistic punishment Sexton could’ve gotten. Gas stuff.

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The explosive evidence, the timeline and the mitigation – everything you need to know about Johnny Sexton’s three-match ban

Jonathan Sexton of Leinster

Ruaidhri O’Connor

Today at 11:32

ON Sunday night at 9.30, the saga that has rumbled on beneath the sporting summer finally reached its climax and we learnt Johnny Sexton’s World Cup fate.

Ever since the end of the epic Heineken Champions Cup final between Leinster and La Rochelle, there’s been a threat hanging over the Ireland captain’s World Cup.

At first, it appeared to centre around the events of half-time when the injured Leinster star was involved in a confrontation with his old rival Ronan O’Gara outside the referee’s room.

However, it soon became clear that tournament organisers European Professional Club Rugby (EPCR) were far more concerned about the veteran out-half’s behaviour at the end of the game, when he took to the field in his suit to remonstrate with the officials about their performance during the game.

No World title for Ireland U20s

Jul 14¡The Left Wing

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The process has been painstakingly slow, taking a month of letters flying between Leinster and EPCR’s Swiss headquarters before they decided to form a disciplinary panel and pursue a charge of misconduct against Sexton and his club who they said “failed to control” their player.

Last Thursday, an independent disciplinary committee heard evidence via video link from Sexton, Leinster, Ireland coach Andy Farrell and all of the match officials involved.

The committee was chaired by World Rugby Independent Judicial Panel Chair Christopher Quinlan KC who was joined by Adam Casseldon SC who is an Australian barrister who used to chair SANZAAR’s Judicial Committee and former Portugal international and lawyer Marcello D’Orey.

Sexton was joined by Leinster chief executive Shane Nolan and Ireland manager Mick Kearney. Sexton and Leinser were represented by solicitor Derek Hegarty, a partner in William Fry’s Litigation and Investigations department who played rugby for Leinster and Munster and toured South Africa without winning an Ireland cap in 1998, and barrister Michael Cush SC.

They went through the events of that evening in painstaking detail, then took Friday, Saturday and Sunday to compose their thoughts, reach a finding and publish the full written decision.

In the end, Sexton was hit with a three-match ban, mitigated down from six, which means he will not play a part in any of Ireland’s World Cup warm-up matches against Italy, England and Samoa. He will, however, be available for the opening match of the tournament against Romania on September 9.

The Charge

Sexton was hit with a misconduct complaint that charged that: “after the match, he publicly confronted the match officials and made statements, gestures and behaved in a way that was disrespectful and/or insulting and/or abusive and/or impugned their integrity and/or denigrated their performance”

The misconduct was alleged to have taken place across three separate incidents in a period of several minutes between the match finishing and the team of match officials leaving the field. Video evidence was provided to support the charge.

Incident one occurred just after the full-time whistle, when “Sexton approached the match officials and on three separate occasions gestured towards them and/or spoke to them inappropriately”.

In a letter to EPCR on June 23, Leinster acknowledged that Sexton had said it was “a disgrace the match officials had not got the big decisions right” and using an expletive while doing so.

In the second incident at the start of the medals’ presentation, Sexton – who was accompanied by his son Luca at the time – was accused of standing behind the match officials, “looking at them and directing further inappropriate comments at them”.

In the third, Sexton is accused of approaching the match officials for a second time after the medals presentation and following them at a short distance.

Leinster, meanwhile, were accused of failing to prevent Sexton from interacting inappropriately with the officials or to “exercise reasonable and proper control over its persons on or off the playing enclosure” and a “failure or refusal by a club to observe and/or instil among its Persons a sufficient degree of respect for the Laws of the Game”.

The Timeline

The match took place on May 20, with La Rochelle coming from 17-0 down to beat Leinster 27-26.

After the match, EPCR issued a statement in which is said it would investigate an incident in the tunnel.

On May 30, a South African newspaper released video footage of Sexton interacting with Jaco Peyper and his match officials Karl Dickson, Christophe Ridley and Tom Foley. In the Rapport report, it was alleged that Sexton told the referee he was “a f***ing disgrace”.

On June 8, EPCR Disciplinary Officer Liam McTiernan wrote to Leinster chief executive Nolan to ask for the assistance of the province and Sexton in their investigation into four incidents on matchday and specifically Sexton’s conduct after the match.

On June 11, news of the letter appeared in the London website City AM which carried new video footage of the incident and speculated he could miss the World Cup.

On June 13, Nolan replied setting out Sexton and Leinster’s account.

On June 15, a second video appeared on City AM, showing another altercation between Sexton and the match officials.

On June 16, McTiernan wrote to Nolan again looking for Sexton and Leinster to submit further information in response to specific requests and included videos of the alleged incidents.

On June 23, Leinster’s Head of Rugby Operations Guy Easterby submitted a steatement along with Nolan’s response and Leinster also included a thread of emails including EPCR head of match officials Tony Spreadbury and Leinster coach Leo Cullen.

On June 29, EPCR announced the misconduct complaint. On July 4, the four match officials shared their accounts of what happened with the panel. They were obtained after the complaint was raised.

On July 5, Sexton was asked to clarify the precise words he’s used to match officials having previously described them as “a remark… critical of their performance which he regrets and for which he has apologised”.

Sexton responded, saying he did not recall the exact words he spoke but said they reflected “a verbal expression to himself of the acute disappointment he was feeling at the time”.

The panel held the hearing on Thursday, July 13 and took the weekend to consider their judgement and compose their written decision, before releasing it last night.

The Evidence

All four match officials were called to give evidence.

South African referee Jaco Peyper told the hearing that Sexton’s behaviour after full-time was “aggressive” and “hostile”.

“I became aware that Sexton was approaching my assistants and I, speaking loudly and angrily. Match officials commonly refer to this type of behaviour as ‘spraying’,” he recalled.

“I could not hear what he was saying because of the noise in the stadium, but from his body language, facial expressions, and his gestures (he pointed at us as he was speaking), I could tell that he was upset. It was clear from his increasing proximity and aggressive demeanour that he wished to confront us and did so intentionally.

“My assistants were also aware of his hostile reaction, and one (Karl Dickson) reached across to keep him at distance, before he moved away from us and approached a gathering of Leinster Rugby players and staff.

“Following our instruction to move across to the medal presentation position, my assistants, the TMO and I became aware that Johnny Sexton had followed us across the field and taken up a position a few metres behind us and to our left.

“He was with a little boy. As soon as we realised that he had taken up a position behind us and was staring at us, we turned our backs to try and avoid any further confrontation with him.

“Following the award of our medals, my assistants, the TMO and I left the stage and made our way across to the position identified by match manager. We became aware that Johnny Sexton had turned this way too and started to follow us.

“We decided to leave the pitch… There was no further engagement with Johnny Sexton once we had left the field, and I was not aware of any continuation of his behaviour, which had been provocative throughout. I was very pleased that nobody on my team of four reacted. I have not received any contact post-match around this matter from Leinster Club or Johnny Sexton, and also no explanation or apology of any form for this conduct.”

In response to Peyper’s account, Sexton’s barrister “made it clear to Peyper that Sexton accepted his conduct in incident 1 was ‘completely unacceptable’ for which he ‘apologised unreservedly’. However, he disputed the length of eye contact in incident 2 with Peyper saying he looked away to avoid further eye contact.

The other match officials’ testimony backs up the referee, with assistant Dickson outlining how he’d reached across to intercept Sexton and Ridley saying he was approached late on in the piece by a calmer Sexton who wanted to discuss the decisions. The English assistant declined.

Sexton also had an interaction with Spreadbury, the head of referees, at full-time. He subsequently called the English former referee who also exchanged emails with Cullen in the aftermath of the game.

Spreadbury said that Sexton shouted at him in the technical area, describing it as “spraying”. He then observed Sexton giving the match officials “a spraying”.

Spreadbury said that the match officials considered not going to the post-match function because of Sexton’s attitude towards them.

On May 22, Sexton texted Spreadbury and said he wished to apologise for the way he’d spoken to him after the match. The two spoke on the phone for “a few minutes” that evening, with Sexton saying the emotion of the occasion had gotten the better of him. Spreadbury accepted Sexton’s apology, but said he didn’t mention the match officials during the call.

EPCR Disciplinary Official McTiernan asserted that Sexton’s conduct was “intimidatory” and that the incidents lasted 15/16 minutes after the game, “during which he publicly confronted them, made statements and gestures and behaved in a way that was disrespectful and/or insulting and/or abusive and/or impugned their integrity and/or denigrated their performance. He also said Leinster were liable for Sexton’s conduct.

Sexton then gave evidence, outlining his version of events and stating that he regrets making, and apologises for, a remark which was critical of the match officials’ performance. He said it was not premeditated and that he was on the pitch as a club captain walking on to console his teammates.

In regard to the second incident, Sexton said the position of the match officials had nothing to do with where he stood with his son and that he was simply joining his teammates. He said any remarks he made were not intended to be heard by the match officials and Sexton is certain they could not have been heard.

“They were simply a verbal expression to himself of the acute disappointment he was feeling at the time.”

In relation to the third incident, Sexton says he was attempting to apologise to Ridley who ushered him away.

Crucially, Sexton accepted the accuracy of the video footage and said his conduct was inappropriate in relation to the first interaction, but rejected any wrongdoing in the second and third incidents.

“Mr Sexton accepts his actions in addressing the match officials during Incident 1 as described in the Reply to the Investigation Letter, were wrong and although carried out in a moment of unique and exceptional emotional intensity, were inappropriate and disrespectful of the authority of the Match Officials, and on that basis Mr Sexton accepts those actions constitute Misconduct. Please note this should not be construed as an admission of any other act of Misconduct,” the report read.

Sexton told the hearing he didn’t remember his exact words, but believes he used an expletive as he approached the officials and said something like: “It’s a disgrace you guys can’t get the big decisions right”.

In summary Sexton accepted that he “pushed the line” with referees at times during his playing career but “recognised the vital role they have in the game and the need for respect”. He confirmed he intends to retire at the end of the World Cup.

Leinster’s evidence supported Sexton’s account and accepted that if Sexton’s actions constituted misconduct then Leinster would be responsible.

The Decision

The panel found Sexton committed misconduct.

In regard to incident 1, the committee found that Sexton’s “words and actions were confrontational, aggressive and disrespectful of the match officials. His conduct was obviously unsportsmanlike and brought the sport of rugby union into disrepute. That is Misconduct, as he admitted.”

In regard to incident 2, the committee found that the interaction was “a continuation of his hostile animus towards the match officials. He was still publicly venting his anger towards them and had yet to regain his composure. His conduct was unsportsmanlike and aggravates Incident 1. In regard to incident 3, the committee found that this interaction was not misconduct.

Leinster were found to have failed to prevent Sexton from interacting inappropriately with the match officials and said that constitutes misconduct.

EPCR acknowledged that Sexton had a right to be on the pitch after the game and was accredited to be there, however “he was in an obviously agitated state” and they believe Leinster should have noticed and taken “reasonable steps” to ensure he behaved appropriately and didn’t engage with the officials.

The Sanction

The committee considered 22 previous cases of misconduct involving abuse of match officials as it reached a decision on what punishment it should mete out to Sexton who they said had brought the sport into disrepute.

They remarked on Sexton’s standing in the game, while also said that there is a “human cost” to abuse of match officials.

However, they found there was a “good deal of genuine mitigation”.

Sexton admitted misconduct early and his candid evidence helped establish the case of the misconduct.

The committee said his disciplinary record is “excellent”, while his apology to Spreadbury counted in his favour – even if he could have helped his case further by apologising to Peyper, Dickson, Ridley and Foley directly.

Sexton also received character references, although it is not said who supplied them.

The panel found that the misconduct was serious enough for a ban. They handed him the shortest possible sanction under the laws of three matches and said it would have been six but for the mitigation.

That means Sexton will miss Ireland’s matches against Italy on August 5, England on August 19 and Samoa and August 26. He will be free to play at the World Cup.

Ireland coach Andy Farrell provided evidence that, were he not banned, Sexton “will be involved in the three warm-up games that we have coming up”. Since Sexton has been “out of the game through injury since March 18, 2023”, Farrell said Ireland “feel that this would be the minimum number of games that he will need to be fit for the start of the World Cup.”

Ireland’s team doctor, Dr Ciaran Cosgrove, gave evidence that Sexton is fit to play and the committee were satisfied that he would be selected.

Sexton was not fined or ordered to take any sort of refereeing course. Sexton has committed to apologising to the officials involved.

Leinster were fined ÂŁ7,500, which has been suspended for the 2023/24 season. If the province commits another act of Misconduct before the end of that season, they mist pay that fine.

EPCR, Sexton and Leinster can appeal.

The Fallout

Although Farrell said he intended to play Sexton in all three warm-up games, there’ll be relief in the Ireland camp that the captain escaped a further ban.

Indeed, there’s been a strong backlash to the decision online, with many pundits and fans feeling that Sexton got off lightly considering the strength of charge and some of the language used.

Ireland will hope that he can build his match fitness during the tournament and it means he will likely play in every game, with the Romania match on September 9 nearly six months since his last match.

A real pity for Ireland that games will be used up in the warm ups for the ban. Advantage everyone else having Johnny on the pitch for the World Cup.

Reminiscent of the “thundering/fucking” disgrace outburst from Paddy Donegan that led to the resignation of President O’Dalaigh.

You’d expect the referees will be very sympathetic towards him in the RWC.

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His card beyond marked now

Great for Byrne and Crowley

Crowley had one drop goal against Leinster B team and then all the Munster lads think he should be starting for Ireland in the WC :laughing:

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What an absolute fucking wanker

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Ross Byrne didn’t have the cojones to do with Crowley did. That’s the long and short of it.

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Yup, and where did I compare the two?

How is Munster v Crusaders a big game? Munster will be missing their Ireland players.

Sounds like it was an Irish solution to an Irish problem tbh.

Tickets for World cup on open sale this evening

What time?

Sorry, only seeing your response now. Was on when I posted, got extra tickets to Scotland match

Rugby country

https://twitter.com/gavinocal/status/1681713292958367749?s=46&t=hy6wc4bLZMiyfotc20UniQ

What grown up would say “super frustrated”?

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Lads from the 5 a side got sorted for one of the semi finals too. They usually free up after the pools though anyways.