Australia second row Darcy Swain attended an independent disciplinary hearing via video link after receiving a red card for an act of foul play contrary to Law 9.12 (a player must not physically abuse anyone) in Australia’s test match against England on 2 July.
The independent Disciplinary Committee, chaired by Wang Shao-ing (Singapore), joined by former players Chris Smith (New Zealand) and Stefan Terblanche (South Africa), heard the case and considered all the available evidence, including hearing from the player and his legal representative.
The player admitted that he committed an act of foul play but did not accept that it warranted a red card.
Having reviewed all the evident, the committee upheld the red card under Law 9.12.
On that basis, the committee deemed the act of foul play merited a low-end entry point of six weeks given the provocation before the incident, low degree of force exerted by the player and that no injury was caused to the victim. This resulted in a starting point of a six-week suspension.
Having acknowledged mitigating factors, including the player’s acknowledgement of foul play, clean disciplinary record, conduct at the hearing and expression of remorse, the committee granted the player full mitigation of 50 per cent of three weeks.
The committee further determined that given the above off-field mitigating factors and that a three-week sanction would be wholly disproportionate given the level and nature of the offence, the sanction was further reduced by an extra week, resulting in a sanction to weeks.
The player will therefore miss Australia’s next two matches against England on 9 and 16 July.
The player has the right of appeal within 48 hours of the issuing of the full written decision.
