Case Number:

ON/1147/22

Tendai Gwaze #21, Halifax

Competition:

Championship

Match:

Barrow Raiders v Halifax Panthers

Match Date:

2022-06-27

Incident:

Picking Up an Injured Player
Approximately 51 minutes

Decision:

Charge

Charge Detail:

Law 15.1 (i)

Other Contrary Behaviour

Grade F

Fine:

£250

Sanctions:

8+

Decision On Charge

Player plea:

Guilty but challenge the grading

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

Following a Match Review Panel meeting held on 30 June 2022, you are charged with misconduct for a breach of Law 15.1(i) during the above match.

The Panel reviewed an incident which occurred at approximately 51 minutes of the above match. You were dismissed following the incident. In the Panel’s opinion you attempted to pick up an injured player. The Panel believe that your actions were unnecessary, against the spirit of the game and had the potential to injure your opponent.

In accordance with the RFL’s On Field Sentencing Guidelines, the Panel consider that such offence is a Grade F offence (Other Contrary Behaviour). The normal suspension range for such offence is an 8+ match period or period suspension.

• MRP were concerned at the manner in which Mr Gwaze makes contact with his opponent.
• Mr Gwaze was sent off following the incident.
• The opponent Mr Miloudi has been involved in an incident where he has been punched to the head by Mr Gwaze’s team mate.
• Mr Miloudi then drops to all fours after the incident.
• Mr Gwaze can see that is opponent is in apparent distress but none the less aggressively grabs a hold of his opponent by the shirt and pulls him forcefully upwards before dropping him.
• Mr Gwaze was not involved in the initial incident and has time to assess his actions prior to doing what he did.
• It is not for any player in any circumstances to have physical contact with a player who may be injured. Injured players need treatment from appropriately trained medical staff to ensure that any injury is appropriately managed in the initial stages and is not made worse.
• Whether a player is in fact injured, and if so to what extent, is exclusively a matter for the assessment of the medical staff in conjunction with any necessary match official input.
• Contact, of whatever type/force, from another player upon a seemingly injured player has the potential for serious medical consequences for that injured player.
• In very limited circumstances a player may render immediate physical assistance to another player who is obviously seriously injured. This is not the case here. Mr Gwaze is in no way attempting to assist the injured player. His actions are in a purely negative manner.
• The incident was not part of play.
• This offence carries a possible Grading from A to F. In this particular case, the MRP felt that the degree of force used, the fact that the opponent was potentially injured and the complete disregard for the opponent’s welfare and the negative and derogatory manner in which Mr Gwaze acted, is contrary to the true spirit of the game with such actions having no place on the Rugby League field of play.
• Information has been circulated with regards to Head Contacts and players must be aware now of their responsibility in this area
The CM added that the possible reduction in grade was not appropriate, In MM incident he “cradled” the player to the ground, did not drop him as TG had done, plus it was “in the heat of the moment” having just affected a tackle whereas TG had not been part of the tackle and had walked over to the player on the floor to get involved.

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

Player in attendance alongside Graeme Taylor (Agent) and Richard Cramer & Declan Doherty (Legal Reps). Player pleads guilty but challenge the grading.

RC stated appeal was against grading but admitted the offence.

Grade F was the most serious offence and in this incident, there was no intention to hurt the player. It was a momentary lapse of concentration. Although RC was aware of Dave Rotherham’s communications to the Head Coaches the player did not remember having been told about this although he is now aware that these actions are not allowed. A long suspension could have a detrimental effect on his career and this is a steep learning curve for a player who has overcome adversity to play at a professional level.

RC introduced a comparable clip where McIlorum had a Grade F charge for a similar incident reduced to Grade D by an ORT in Nov 20 chaired by CB. This offence had the same features the incident in this case.

TG added his apologies, had apologised after the game too. Halifax had given him a chance when he left Wakefield and an 8-match ban would effectively finish a season in which he was playing for a contract for 2023.

With regard to the grading compared to the comparison clip RC added MM incident was more serious and tackled player had blood on him from the initial tackle. CB referenced the fact that RC had stated that in the initial incident MM knew the player was not badly injured and lifting him wouldn’t have caused further injury – this couldn’t have been the case in this incident has player was on all fours facing away from TG who could not possibly have known that, despite his actions showing he believed the player was feigning injury.

Decision:

Guilty plea

Decision On Sanction (where found to have committed Misconduct)

Summary of CM's submissions on the appropriate sanction:

• Graded F due to;
- Unnecessary contact.
- Aggressive action of pulling an opponent – who has been the victim of misconduct to the head.
- Duty of care owed to opponent.
- Do not touch players who are potentially injured in anyway.

Reasons for Decision:

The Tribunal are in no doubt that this was the wrong thing to do and there is no doubt that the player recognises this. However, you cannot have a situation where a player takes into his own hands assessing whether an opponent is injured or more importantly as in this case impliedly suggesting that a player is feigning injury.

What is clear in this case is that the opponent had received a significant blow to the head after being at the centre of a melee where other blows had been exchanged and it is not clear what blows he had received. It is clear the player sees him go to the floor and has no idea if he is injured or to what degree, but clear also you are seeking to make the suggestion that he is not injured and is merely seeking to get an opponent into trouble.

The player does this at a time when emotions are already heightened and yet he walked over to the opponent and drag him to his feet before unceremoniously dropping him to the floor. This inflamed an already tense situation and led to an inevitable escalation of events

The Tribunal consider that this was not the same as the comparison clip (McIlorum – Catalans v Leeds). In this clip the player is close to his opponent and the only person involved. He has a much better idea of the force with which the opponent has been struck and therefore had some indication of the extent of his injury. In addition, this was something he did in the heat of the moment his picking up of the opponent was not as aggressive and importantly this was not an act which was committed during an ongoing melee.

The Tribunal cannot be sure what you knew about the RFL policy in respect of such conduct but they can he sure that knowledge and understanding of issues with head injuries is greater today and certainly more widely known.

The panel are satisfied that this was appropriately graded at Grade F.

Given the players previous record the Tribunal feel that the minimum sanction for a Grade F offence is appropriate. The player is therefore suspended for 8 matches.

Suspension:

8 matches