Case Number:

ON/421/20

Tom Lineham #2, Warrington

Competition:

Super League

Match:

Castleford v Warrington

Match Date:

2020-09-10

Incident:

Other contrary behaviour in the 31st minute

Decision:

Charge

Charge Detail:

Law 15.1 (i)
Detail: Other contrary behaviour – Testicles attacking
Grade F

Fine:

£500

Sanctions:

8+

Decision On Charge

Player plea:

Not Guilty

Summary of CM's submissions on the Charge / evidence:

Following a Match Review Panel meeting held on 14th September, you are charged with misconduct for a breach of Law 15.1(i) during the above Match.

The Panel reviewed an incident which occurred in approximately the 31st minute of the above Match. The incident was placed on report. In the Panel’s opinion, you promoted your hand to the groin area of an opponent (Foster) and appeared to apply pressure to the genital area. The Panel believed that your actions were unnecessary, had the potential to cause your opponent an injury, against the true spirit of the game and constitute Misconduct.

In accordance with the RFL’s On Field Sentencing Guidelines, the Panel consider that such offence is a Grade F offence (Behaves in way contrary to the true spirit of the game – Testicles attacking) In accordance with the On Field Sentencing Guidelines, the normal suspension range for such offence is 8 plus matches.

Summary of Player's submissions on the Charge / evidence:

Player in attendance alongside Legal Rep Richard Cramer, Head Coach Steve Price & Player Welfare Manager Kylie Leuluai.

RC reminded the Tribunal that the CM has the burden of establishing that the allegation has occurred and that the standard of proof shall be whether the CM has established that misconduct has occurred to the reasonable satisfaction of the Tribunal.

RC then stated that this was a very serious offence and he believed that TL didn’t promote his hand to the genitals of his opponent. There is no evidence to confirm this and also no independent report from the Match Officials.

TL then addressed the panel and explained that came into the tackle to stop an overlap on his side of the pitch. He said the aim was to try and complete the tackle and slow down the play the ball. He strenuously denied that applied pressure and did not squeeze the testicles of his opponent. He said he fist was clenched as can be seen in the footage as he came away from the tackle and there was no intent to cause any harm. He added he was aware that this was one of the most serious charges.

When asked by the Chairman why his opponent showed some discomfort TL replied that there accidental contact could of been made, however, he would never do such an act on purpose and there was certainly no malice on his part. He added that things happen at speed and he had no recollection of making contact with his opponents testicles.

The player and his representatives then asked for a comparison clip to be shown (Tommy Makinson 2020). RC told the Tribunal that he felt this was a far worse incident which could clearly be seen on the footage.

Decision:

Guilty

Reasons for Decision:

The Tribunal note that the player denies the charge and have listened to submissions made by both sides.

They are in agreement that the footage shows the player gripping his opponent round the waist and adjusts his grip to try and slow the play the ball. They note that the opponent immediately shows discomfort and then reports the incident to the referee.

They feel the footage shows the muscles in the players arm strain in what they feel is caused by a gripping of the hand.

The Tribunal are therefore satisfied that the charge is proven.

Decision On Sanction (where found to have committed Misconduct)

Summary of CM's submissions on the appropriate sanction:

• Player charged under RFL Rule 15.1(i) Behaves in any way contrary to the true spirit of the game – testicles - attacking
• Incident occurred in the 31st minute of the match and placed on report
• Mr Lineham makes approach between the legs of opponent with his left hand after the tackle is complete
• Immediate physical reaction from Mr Foster and report to the referee
• Player’s submissions reiterate the claim made at the time
• Referee report and players statement both clearly note a squeeze to the testicles
• Footage clearly shows Mr Lineham’s hand placed in the area in which has been injured following contact
• Graded F due to;
- Charge starts at Grade F
- Unnecessary and not part of the game
- Clear intent due to the nature of the contact – could not be accidental
- Opponent is in clear discomfort following the contact
- No place in the game for such acts
- Brings the game into disrepute

Summary of Player's submissions on the appropriate sanction:

RC informed the Tribunal that they would accept the decision. He explained that the comparison clip showed a clear attack to the testicles and this charge ended with a Grade E decision. He added he though this incident was in fact worse that the incident being discussed in this case.

He felt that a Grade E sanction would be appropriate as it could be argued that the player was careless, rather than the comparison clip which showed there was direct contact and a squeeze performed. He added that this is the first time the player had been charged with such a serious charge and he will be disappointed with the outcome and that it will damage his career.

He asked the Tribunal to show consistency and suggested a Grade D or E sanction would be more appropriate for a player who had played professionally for 10 years.

Aggravating Factors:

08/19 – Striking (Grade A, 1 match)
08/19 – Running in (Caution)
06/19 – High Tackle (Grade C, 3 matches)
04/19 – Striking (Grade B, 1 match)
09/18 – High Tackle (Grade B, 2 matches)
03/17 – Striking (Grade C, 2 matches)

Reasons for Decision:

The Tribunal have carefully considered the grading.

They note the player in the comparison clip was subjected to a different charge, whilst the contact differed to this case and there were no submissions from the opponent on that occasion. They feel that in this case there was an attack to the testicles of the opponent.

They note the player has had a long career with over 200 first team games and whilst he has some disciplinary record none of them are a real factor in the decision to this case.

The Tribunal are therefore in agreement that Grade F is appropriate and as such hand down an 8 match suspension, along with a £500 fine.

Suspension:

8 matches