The IRB recommends an 8 week ban for head butting, Mealamu only received a 4 week ban.
All Blacks hooker Keven Mealamu has received a four-week suspension for head butting Lewis Moody at Twickenham last Saturday, which is a total farce if you consider that Bok lock Bakkies Botha was banned for nine weeks after head butting Jimmy Cowan.
The judicial officer determined it was an intentional act of foul play, and a mid-range entry point in the IRB list of sanctions of eight weeks. But in the absence of aggravating factors, together with compelling mitigating factors including the player’s conduct at the hearing and his exemplary disciplinary record, reduced the suspension to 4 weeks.
The All Blacks will appeal the verdict.
Mealamu’s headbutt didn’t connect solidly, and happened during play. Bakkies’ headbutt was off the ball, and with his previous convictions made it worse.
Still Mealamu misses the rest of the tour.
The problem that I have with the disciplinary proccess is this:
It is quite clear to see that both Bakkies and Mealamu head butted. Why hold a hearing and give them a chance to appeal? Play the tape, yes there was a head butt, banned for 8 weeks, finished and klaar.
Did he punch? Yes he did, banned for 4 weeks [or whatever the length is].
All this other crap just makes the lawyers more money.
Ok guys, this is what I posted on the thread when they announced the citing. I still stand by it.
“Ok, have a look at this, and see what you think. What did you see?
Bakkies held the guy in the tackle, went down with him in the situation, and then used his own momentum to catapult himself into Cowen.
http://www.youtube.com/watch?v=J0o8XQ3In30&feature=player_embedded
Mealamu picks the Moody up off the ground, by the scruff of the neck, puts him one side, and deliberately goes down to headbutt him. Moody was offside, but at this point the ref has seen it and already awarded a penalty.
Cowen went on to play, Moody had to leave the field.
Based on each individual incident, Mealamu should get 9-10 weeks at least. But he wont, will he?”
Does Bakkies have a record that few others does? Yes. But I agree with LH 1000000% Is it a head butt? Yes, cheers.
If they recommended 8 weeks, how come he only got 4, who dished out the ban then?
Would 8 weeks have made a difference?
He would still only miss out on the EOYT
2@ Loosehead:
You are wrong Loosehead…
After any citing all we can say is it APPEARS that so and such head butted / stomped / spear tackled / punched. Innocent until proven guilty… and to be found guilty, the accused needs to be given the opportunity to be heard on the matter.
Any story or incident has sides, it might also have aggravating factors or mitigating factors… it needs to be reviewed with caution.
If not, like in any Court situation in SA or the world, then we are in for jungle justice, dictatorship and grossly unfair practices. These bannings affect the player’s salary for the duration of a ban, because now he is not eligible for match fees during a ban… even there alone you’re talking big money.
In fact, I plead for the process to continue, but with more standardisation and evenhandedness amongst citing commissions, so that the end result is a fair and believable result.
Mitigating factors in favour of Mealamu was 2 things, I believe… no prior offenses and apparent provocation from Moody who apparently had things to say about Mealamu’s family….
Bakkies was an old “criminal”.. hehe… a habitual offender, therefore more serious punishment… a healthy principle… just look at how well Bakkies has behaved and focussed this past weekend.
Listen to GBS- knows the workings of the judicial system. GB, what is the name of your firm? 🙂
7@ Partizan:
Out of active Law now for nearly 15 years already… but I keep up to date, brother.
@ biltongbek:
No I don’t think it would have made a difference as it is end of season, but not entirely sure how the suspension time works. The way it should work is maybe not a ban in terms of time but games, so 8 weeks going into off season and only actually ending in him missing 3 or however many games the All Blacks have left this season in my ‘court’ would be out for the rest of this season and however many games it takes at the start of the new season to serve the time. And the ‘season’ must apply to the level of game the transgression took place in, with the caveat that you can’t play internationally if serving a suspension for a game in a lower level game. So if the ban were ‘8 weeks’ I would have the guilty party also miss the x number of games of the All Blacks next season. In the same way time served by yellow cards received at the end of a game, unless turned over on appeal, should carry forward to the next game at the appropriate level. This would cause a lot of potential disruption and hopefully make the players think twice before doing stupid things. There would be more concern about conceding a yellow card with 2 minutes left to play if you knew you were going to sit out the whole 10 minutes that you should.
Interesting comments 1 and 3, two people view the same incident and seem to have a different opinion on the severity of it…
@ Bullscot:
I personally think Mealamu’s incident was in the heat of the moment, The english player was holding onto the ball and Mealamu reacted instinctively where as Bakkies deliberately went after cowan off the ball and then deliberately headbutted him with intent.
I am not saying Mealamu shouldn’t be penalised at the same severity as Bakkies.
But the fact is Bakkies is renowned for Brain explosions and has been to the red carpet many times before.
My assumption is because Mealamu only got 4 weeks is due to the instinctiveness of his transgreesion, and I am fine with it.
@ biltongbek:
Won’t disagree with your feelings about Bakkies history. I do hope he has turned the corner, he reacted, or didnt react, very well to be taken out of the ball by the Irish very early in the game, as the incident was happening I shouted at the TV and told my partner I thought that was deliberate foul play by the Irish targetting Bakkies to get him reacting and possibly carded, so it was very professional of Bakkies to let it go. Why there was no citing for the Irish for that I don’t know, I guess they could have given the guy a ban but maybe only a short one, but hard to prove intent but if they could then give him longer, to me that was a blatant incident of planned unsportmanship that doesn’t belong in our game.
Re: Mealamu it didn’t look too ‘instinctive’ to me, he took the time to find Moody’s collar drag him up by it and then head butt him, but I also know that incidents can sometimes look worse on the slow-motion replay, and maybe it did happen as you say in a flash.
@ Bullscot:
Bakkies must be aware that in every match someone will have the duty of targeting him, everyone and his dog that follows international rugby knows he has a short temper and also loves to intimidate players.
I am for one very proud of him for keeping it clean.
He and Vicki is still the best combination at lock in the world, If he keeps his discipline.
@ Bullscot:
I agree with the Mealamu incident. yes, it does look worse in motion, but you instinctively stick out your arm when a player steps on your inside. You don’t instinctively grab an oke by the collar, pull him aside and head butt him in the back of the head. Hard or soft.
@Bullscot # 10
Maybe it was not so hard, yet like I said, Cowen stayed on, Moody left the field… everyone decide for themselves what that means. is Moody, an international loosie, now suddenly too soft to play the AB’s? I know English soccer players are A-grade actors, but rugby is seen as a very different sport in Eng, just as it is in any other counrty…
I dont like the Poms very much, I think its cool that they get a hiding. But keep it clean.
And once a guy is found guilty, straf hom like the next guy….
@ Greenpoint-Gunner:
It doesn’t surprise me that Moody had to leave the field look like he took some knock to the back of his head, don’t think there was any acting there, even though it seems he is ok in the team for this weekend’s game it has been written that he may step down at short notice, so maybe all is not well, no medical expert but could he have got concussion, in which case he should be nowhere near the team.
What do you think of my suggestions about stricter enforcement of ban periods and near end of game yellow cards?
If you head butt someone: 8 weeks, no fukken excuses!
If you punch someone: 4 weeks, no fukken excuses
If you bite / eye gouge / stick finger up arse [ reserved for Aussies only]: 25 weeks, no fukken excuses.
If you are man enough to do the deed, be man enough to accept the punishment.
As always I approach controversy with humour.
There are 3 sets of rules.
Those rules for the Boks
Those rules for other teams
Those rules for Bakkies.
(Now serious) I think a farce is a good way to describe it. The intention of both players was there to hurt and damage and there is no room for it in the game.
I understand the reasoning for the Mealamu incident…Bakkies is a serial transgressor, Mealamu isnt, so if mitigation pleas are allowed then that is a mitigating circumstance.
HOWEVER I totally agree with Loosehead…there should be a set punishment for a particular crime…WITH NO RIGHT OF APPEAL and all players should agree to this contractually….and maybe a 3 strikes and you’re out rule….that will clean up the game quickly.
And to end…a bit of humour again.
I say let Bakkies head butt Mealamu and if he can play again in the next 8 weeks then let him.
Hmmmmm, I’m glad Loosehead or 4man is not a decisionmaker anywhere in any Legal System…. JUNGLEEEEEE JUSTICEEEEE………. wheeeee haaaaaaaaa
… but on de udder hand Derm…. die tronke sal vol wees en die strate sal leeg wees….
Bwahahaha
… O flok, maar die tronke is klaar vol, hulle sal moet nuwes bou.. ek debs die boukontrakte…. hehehe
@ grootblousmile:
Die tronke sal vol wees vir net n tydjie….dan sal almal leer om goed te wees…dan is hulle weer leeg.
But on the other hand (as someone once said) perhaps there should be no rules and let jungle justice rule…it will have the same effect….every society needs a bit of revolution and bloodshed now and again, just to refocus people on whats important!
20@ 4man:
Eishhhhhh sammajoor… have you seen what Jungle Justice does to a Country…. Africa is full of examples, so was Nazi Germany, China and the USSR…. and a few other places…
Not a pretty picture….
In SA we have crime… but the fault does not lie with Legislation, it lies with those responsible to uphold and enforce the Law… the Police and the Court Systems… and also with the Penal System (Jails).
Same applies to the Rugby Judiciary… the Laws are there and they are healthy, the execution of evenhanded procedures and consistency is not there though.
One MUST reason from the vantage point that one would rather see 9 guilty parties go scot free, than unfairly convict one single individual…. this ensures that checks and balances are maintained and that the standard of jurisprudence is maintained. This principle also forces the prosecutor and the investigating team do their work properly, otherwise they will come short.
One must prosecute offenders, not persecute them… and this counts for rugby indiscretions too.
Justice must not only be done, but it must also be seen to be done!
Flok, nou’t ek diep dinge gepraat, julle skuld my ‘n sletsap…. hehehe
Remind me not to get in a legal argument with Gbs,but have to agree,the laws are fine,its just the way its enforced is a major fark up..
Only faault I find with legislation in SA is that the judges can’t wear a black cap to court anymore.
@ grootblousmile:
One sletklap coming, on the house. 😀
Bakkies history is flawed , remember the justice4all, some of his record must be scrapped. Give him a pardon.(is the last sentence making sense?)
26@ superBul:
Sou nogal nou kon doen met ‘n sletsap, myne is op!
24@ Winston:
Winnie, old habits die hard, I still like a challange… a good scrap in a court, on an interesting case where you make a witness cry or stutter or break down totally is sometimes missed.
What I do not miss is the Red Tape, the postponements…. and defending the guilty… and doing bloody divorces and shit…
An argument is always only as good as your merits….
@ grootblousmile:
jy moet mooi lees wat gegee is, hahaha
29@ superBul:
Ek kan mooi dodge & weave….
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