Case Number:

ON/998/21

Marcus Garley #12, Huddersfield

Competition:

Academy

Match:

Huddersfield Giants vs Wigan Warriors

Match Date:

2021-08-14

Incident:

Dangerous contact in approximately the 68th minute

Decision:

Charge

Charge Detail:

15.1 (i) - Dangerous Contact

Defender uses any part of their body forcefully to twist, bend or otherwise apply pressure to the limb or limbs of an opposing player in a way that involves an unacceptable risk of injury to that player.

Grade F

Fine:

£50

Sanctions:

8+

Decision On Charge

Player plea:

Guilty

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

Following a Match Review Panel meeting held on 19th August 2021, 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 68th minute of the above Match. In the Panel’s opinion you applied unnecessary pressure to the limb or limbs of your opponent. The Panel believed that your actions were unnecessary and had the potential to cause your opponent serious injury. In this instance, your actions did cause serious injury to the opponent with the player leaving the pitch on a stretcher and the game being abandoned.

In accordance with the RFL’s On Field Sentencing Guidelines, the Panel consider that such offence is a Grade F offence – “Dangerous Contact – Defender uses any part of their body forcefully to twist, bend or otherwise apply pressure to the limb or limbs of an opposing player in a way that involves an unacceptable risk of injury to that player”.

The normal suspension range for such offence is 8+ matches.

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

The player was in attendance alongside Andy Kelly (Rugby Manager) and Kim Williams (Academy Coach). The player pleads Guilty to the charge.

AK addressed the panel and said the club agrees with the grading of the incident and understands the actions that have been taken. He felt that there was some naivety from a young player and that he would be working on his technique in training. He said the player had taken responsibility for his actions and was not aware of this kind of “ninja” tackle.

There was no intent to cause injury and he felt that a suspension of 8 matches would be appropriate.

MG informed the panel and said he was here to apologise and accept his punishment. He said his actions were not intentional and he understood the severity of the situation and how dangerous his actions had become.

KW explained the player understands the seriousness of the situation and sought him out after the match to discuss it. He said the player is of good character and is expecting to get a suspension following his actions.

Decision:

Guilty pleas

Decision On Sanction (where found to have committed Misconduct)

Summary of CM's submissions on the appropriate sanction:

• During the Wigan Warriors Academy vs Huddersfield Academy fixture played at Lockwood Park on Saturday 14th August 2021, Jack Bibby was tackled by the Huddersfield player Marcus Garley
• Incident occurs in approximately the 68th minute of the match
• Player gets a firm grip of opponent –with both hands around the waist
• Lifts both feet off the floor
• Swings feet and legs forwards – hauling opposing player down in the process
• Player is visibly distressed and injured
• Tackle left an immediate and obvious deformity to player’s knee joint, with an apparent dislocation to his patella-femoral joint – player needed immediate painkiller (Entonox) and was stretchered off
• The injury is directly caused by the actions of Mr Garley due to direct and dangerous contact to the outside of the left knee, causing a valgus stress and rotation type mechanism. Player describes a popping sensation to his knee with significant pain and an inability to straighten his knee joint
• Game is abandoned
• Player has drastically failed in his duty of care owed to his opponent
• Sole contributor to pressure being applied
• Actions are clearly considered. Player has alternative ways in which to complete the tackle and his actions are wholly unnecessary
• Player went to hospital
• Awaiting a specialist orthopaedic review and an MRI scan for further diagnosis, the current clinical impression of Jack’s presentation is that of a first-time patella-femoral dislocation and likely MPFL rupture alongside a high grade MCL tear. On first impression a return to play period of 4-6 months would be anticipated for Jack’s current presentation
• MRP have Graded this charge at F - outside the normal range for a Dangerous Contact offence. Panel have ability to do this pursuant to Section 7.1 of the RFL On Field Compliance Procedures and Sentencing Guidelines which form part of the Operational Rules. Panel submit this to be a clear case where the ORT should step outside the normal maximum D Grade for a Dangerous Contact offence – refer to Precedent of the Barrow player Lewis Charnock (23.5.19) – received 8 Matches for a similar offence in which opposing player’s leg was broken
• See also Section 6.2 of On Field Compliance Procedures and Sentencing Guidelines giving ORT ability to step outside normal suspension guidelines.
• Grade F due to:
- Extreme reckless contact and technique highly likely to lead to serious injury;
- Pressure is applied whilst opponent in very vulnerable position;
- Player totally out of control;
- No duty of care shown towards opponent whatsoever;
- Severe injury suffered by opponent – likely to be out of the game 6 months

Reasons for Decision:

The Tribunal heard submissions from Gavin Wild for the RFL and heard from Andy Kelly and Kim Williams for the club and heard from the player personally.

The panel were concerned that having viewed the video evidence, the tackle was complete and that the attacking player was almost stationary in a vulnerable position. Mr Garley threw his legs off the ground around the attacking player such that all his body weight was applied to his opponent, he was thereby out of control.

There were concerns from the panel that the player may have intended to cause the injury, however we fell short of coming to that conclusion believing the player acted highly recklessly.

The panel were mindful that the player had attended the panel in person to make his apologies and show his genuine remorse. The panel heard from the club that he would be working in training to improve his technique.

However, in this instance the attacking player had dislocated his kneecap and would be likely out of the game for up to 6 months before returning to play. The panel were informed that the injured play would require significant reconstruction surgery.

Taking all of the above factors into consideration the panel felt that the appropriate punishment was a 12 match ban and a £50 fine was also imposed.

Suspension:

12 matches