Case Number:

ON/980/21

Tommy Makinson #2, St Helens

Competition:

Super League

Match:

St Helens v Castleford Tigers

Match Date:

2021-08-12

Incident:

High tackle in 64th minute.

Decision:

Charge

Charge Detail:

15.1 (b) – When tackling or attempting to tackle makes contact with the head or neck of an opponent
Reckless – tried to tackle but reckless about outcome
Grade C

Fine:

£500

Sanctions:

3 Match Penalty Notice

Decision On Charge

Player plea:

Guilty, but challenging grading

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

Following a Match Review Panel meeting held on 12th August 2021, you are charged with misconduct for a breach of Law 15.1(b) during the above Match.

The Panel reviewed an incident which occurred in approximately the 64th minute of the above Match. You were sent off for the offence. In the Panel’s opinion, when tackling your opponent, you made contact with the head or neck of that opponent. The Panel believed that your actions were unnecessary and had the potential to cause your opponent serious injury.

In accordance with the RFL’s On Field Sentencing Guidelines, the Panel consider that such offence is a Grade C offence – “When tackling or attempting to tackle makes contact with the head or neck of an opponent. Reckless – tried to tackle but reckless about outcome”. The normal suspension range for such offence is from 2 to 3 matches.

In response to the comparison clip (Faraimo – Hull FC v Wakefield – Grade C) the CM explained the MRP felt this was similar in nature. The ball position is higher in this instance and the pass from the opponent is quicker. Similar force is used and there is also contact to the head. This incident had the potential to cause injury.

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

Player represented by Mike Rush (CEO) and Kristian Woolf (Head Coach) and Paul Wellens (Assistant Coach). Club plead guilty but challenge the grading.

MR addressed the panel and explained that he felt that first contact was on the chest and then rises up after contact. He believed it was careless rather than reckless. The payer had 0.3 of second to react after the opponent had passed the ball and that the contact was not very late. The player could not have puled out and there was not considerable force used.

The opponent did not leave the field or require an HIA. He explained the player had a decision to make as the opposition attacked and that he was trying to lock the ball up in a ball and all tackle. The player did not swing his arm and the opponent actually reduced his size on passing ahead of contact. There was no whiplash caused to the opponent and the players feet did not leave the ground.

KW believed the player had shown a duty of care to his opponent. He felt the players arms were down and not up high. He felt the player actually absorbed some of the contact.

The club introduced a comparison clip (Faraimo – Hull FC v Wakefield – Grade C). They felt that this incident showed the player had his feet off the floor, his arm was higher and he had no control. Direct contact was made to the head of the opponent which caused some whiplash and he had to leave the field for a HIA. Following the incident the player was only sin-binned.

Decision:

Guilty plea

Decision On Sanction (where found to have committed Misconduct)

Summary of CM's submissions on the appropriate sanction:

• High tackle in approximately the 63rd minute of the match
• Mr Makinson was sent off for the tackle on Niall Evalds of Castleford
• Ball had already been passed by Mr Evalds
• Very late contact
• Mr Makinson ploughs into the player with considerable force
• Mr Makinson leads with the shoulder first
• Mr Makinson doesn’t make any attempt to slow down and/or pull out
• Arguably accelerates into the contact
• Clear contact with the head of Mr Evalds is made
• Action and force of tackle give rise to serious potential for injury to be caused
• Head injury is caused to Mr Evalds – doctor and physio enter pitch
• Player has failed in the duty of care owed to his opponent
• Actions are reckless – player is or ought to be aware of an obvious risk that acting or failing to act in a particular manner will bring about that result but nonetheless acts or fails to act in that manner where a reasonable person would not do so
• Grade C due to:
- No duty of care shown towards opponent:
- Forcible contact to head/neck of the opponent
- Highly reckless contact and unnecessary
- Action involves an unacceptable risk of injury to the player
- Head injury caused to opposing player

Reasons for Decision:

It was argued that first contact is below the neck and rides up therefore not initial direct contact and therefore careless – the Tribunal are satisfied that he made direct contact with the head – namely his chin.

The question for us is it reckless or careless. The player is or ought to be aware of an obvious risk that acting in a particular manner will bring about that result but nonetheless acts where a reasonable person would not do so.

Here the player is approaching the tackle at speed albeit for a legitimate reason. He approaches the tackle at a height where there is in our view an obvious risk that there will be contact with the head of his opponent should he get rid of the ball. The speed at which he is travelling means that there is little he can do to avoid such contact as was identified in the submissions on his behalf.

The intention of the player is irrelevant it is whether there is an obvious risk in what he is doing and we are satisfied that there is an obvious risk here and therefore that the action was reckless not careless.

However, whilst the charge is appropriate, we are not satisfied that the Grading is correct. The Tribunal do take the view that latterly there was an attempt to mitigate the contact and that the level of force was reduced slightly, and they certainly share the view that the incident lacked the aggravating features of the comparison clip of arms raised, feet off ground and an effective follow through.

Accordingly, whilst reckless we take the view it should be Graded at B.

Suspension:

2 matches