Case Number:

ON/958/23

Zak Hardaker #1, Leigh

Competition:

Challenge Cup

Match:

York Knights v Leigh Leopards

Match Date:

2023-06-18

Incident:

Dangerous Throw

Decision:

Charge

Charge Detail:

Law 15.1 (d)

Dangerous Throw – other dangerous throw

Grade C

Sanctions:

1 Match Penalty Notice

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 19th June 2023, you are charged with misconduct for a breach of Law 15.1(d) during the above match.

The Panel reviewed an incident which occurred at 18 56 footage time of the above match. In the Panel’s opinion you have lifted your opponent into a dangerous position and his head has made secondary contact with the ground. The Panel believed your actions were unnecessary, had the potential to cause injury and are against the spirit of the game.

In accordance with the RFL’s On Field Sentencing Guidelines, the Panel consider that such offence is a Grade C offence – Dangerous Throw – other dangerous throw.

The normal suspension range for such offence is from a 1 to a 2-Match suspension.

• MRP reviewed an incident which took place in the above match.

• Mr Hardaker was sin binned following the incident.

• The footage shows the opponent Mr Towse run away from Mr Hardaker.

• Mr Hardaker catches up to the opponent and gets a grip of the opponent’s shorts and throws his right arm over the opponent’s shoulder.

• Mr Hardaker then gets his left arm tight to the body, pulls the opponent close to him and uses the momentum of the tackle to swing and lift.

• As the tackle is going down, Mr Hardaker loosens his grip with his right arm, which creates separation, and the player throws the opponent down with force generated by his left arm.

• The opponent gets into a dangerous position as defined by the Laws of the Game where the likelihood of the head or neck hitting the ground being significant.

• Mr Towse is completely vulnerable to the actions of Mr Hardaker.

• Potential for injury.

• Graded C due to
- Vulnerability of the opponent due to the technique used.
- Potential for injury.
- Player does not look to keep opponent tight when the opponent is in the air which leads to the opponent going into a dangerous position.
- Players have a duty of care to their opponent.

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

Player in attendance alongside Derek Beaumont (Chairman), Adrian Lam (Head Coach), Neil Jukes (CEO) and Chris Chester (Head of Rugby). Player pleads guilty but challenges the grading.

The player and club accept the incident is a Dangerous Throw, however, they feel it does not meet the criteria of Grade C.

They do not believe that ZH loses his grip intentionally to cause separation with his opponent. They believe the footage shows that his right arm remains in contact with the player until lands on the ground.

ZH ensures he has a good grip before effecting the tackle and has reasonable control via the opponent’s upper body as he takes him to ground.

The club feel that is not most likely that the opponents first point of contact with the ground was the head as ZH ensures that he hips do not pass the horizontal. It can be clearly seen in the images provided that the first point of contact is the elbow and the second the shoulder and back.

ZH showed a duty of care to the opponent by ensuring he had a good locked before effecting the tackle and also went to ground with the opponent. By ensuring a good lock, pulling the opponent in close and going to ground with him it is less likely that injury would occur.

The club therefore feel the appropriate grading for the charge is Grade B.

Decision:

Guilty plea

Decision On Sanction (where found to have committed Misconduct)

Reasons for Decision:

The Tribunal have watched the footage several times and taken into account all the submissions that have been made.

They have no hesitation in finding the Compliance Managers representations accurate in terms of the contact which has taking place and accordingly find that the grading at Grade C is correct. The 1-match suspension imposed on the penalty notice therefore follows and the club lose their bond for lodging the challenge.

Suspension:

1 match