Tongia cleared of red card

 

All pre-season Super Rugby matches held are under the authority of the host union, hence this disciplinary matter was within the jurisdiction of the Australian Rugby Union and not SANZAR.

 

A judicial hearing has found Ryan Tongia of the Highlanders not guilty of contravening Law 10 (e) Dangerous Tackling. Law 10 (i) Tackling jumper in the air after he was issued a red card during a Super Rugby trial match at the weekend.

 

No further sanction has been imposed on the player and the red card has been removed from his record.

 

The incident occurred during the trial match between the Brumbies and Highlanders at McDonalds Park in Wagga Wagga on Saturday, January 31.

 

The referee for the match, Matt O'Brien, issued a red card for the incident which occurred in the 59th minute.

 

The judicial hearing held via video conference on Tuesday was heard by Stuart Pilkinton.

 

In his finding, Pilkinton ruled the following:

 

Although Regulation 17.19.7 commences with reference to cases where a player has been found to have committed a low end offence, the above part of the Regulation must apply more broadly than that, i.e. to any situation of an exceptional case.

 

That is, the ability to expunge red cards in exceptional cases must be cumulative on the earlier described power in the regulation to reduce sanctions below 50 percent in low end cases with off-field mitigating features.

 

Tongia was red carded in circumstances where it was alleged he never left his feet to genuinely contest the ball and where blame for the collision with the opposing player (and that player’s fall to the ground) was attributed to him. 

 

However, both of those factors were found by the officer to be incorrect. 

 

Tongia was found not to be at fault for the incident for which he received the red card.

 

In such a case it would be unjust, and impractical, for Tongia to have to carry that red card on his record moving forward. 

 

For the above reasons it is submitted that the officer has the jurisdiction to expunge Tongia’s red card, and that in the circumstances of this case he should do so when he formally records the disposition of the matter in his written decision.