Case Number:

ON/1429/23

Sitaleki Akaoula #15, Toulouse

Competition:

Championship

Match:

Toulouse v Swinton

Match Date:

2023-08-19

Incident:

High Tackle (Case)

Decision:

Charge

Charge Detail:

Rule – 15.1 (b)

Tried to tackle – reckless about outcome.

Grade – C

Sanctions:

2 Match Penalty Notice

Decision On Charge

Player plea:

Not Guilty

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

Match Review Panel reviewed an incident which occurred in the above match.
• Mr Akaoula was sin binned following the incident.
• The opponent takes a carry into contact and Mr Akaoula comes in to affect a tackle on his opponent.
• The opponent does do some late footwork however Mr Akaoula does not slow down or steady prior to contact and remains vertical at all points pre contact.
• The MRP submit that the left shoulder is above the shoulder level of the opponent indicating the height of Mr Akaoula upon impact.
• Contact with the body maybe simultaneous but opponent’s head instantly goes backwards, not forward indicating initial contact with the head.
• The opponent is at a reasonable position and his height has not significant altered.
• The opponent receives treatment for a significant period of time and is bandaged around the head.
• Mr Akaoula the MRP would submit has acted in a reckless manner.
• Grade C due to:
o Tried to tackle but reckless.
o Speed of entry into contact. Player is not in control.
o Upward trajectory. Player is off feet upon impact.
o Height of player into contact means contact with the head is inevitable.
o Potential for injury to the head. Area of concern for the game.

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

- It is not a high tackle because no part of my hand/arm/shoulder/elbow/forearm got in contact with the opposing player, and it is not a shoulder Charge.
- The late change of direction from the opposing player caused the two heads to collide.
- The opposing player split his eye brow because of the clash of heads.
- The injury caused to the head is due to the late change of direction of my opponent and the colliding of heads between them but in no way because of a high tackle.

Decision:

Guilty

Reasons for Decision:

The Tribunal has carefully considered the competing arguments presented by both Sides of the case and looked closely at the two films of the incident. Although it is correct to note that the attacking player did sidestep to his right and then ‘shimmy’ to his left as SA approached him, that common attacking manoeuvre cannot possibly explain or excuse SA’s actions as no kore than an unfortunate accident. SA undoubtedly came quickly out of the defensive line. Although that is his function when defending, his line of approach to the contact and his failure to adapt his position as he made forceful contact in a very upright position with the shoulder/neck/head of the attacker was clearly reckless. The Tribunal does not accept the argument that there was no tackle and that this was no more than an unfortunate clash of heads. Although, given the angle of the cameras (which show the incident only from SA’s left side) there is not a totally clear image of the bodily contact, the films and the way in which SA approached the tackle as well as his physical position after the tackle lead to the safe conclusion that initially there was indeed some limited upright bodily contact in the area of SA’s right shoulder leading then to the head contact and injury to the attacking player. All these features compel the Tribunal to the conclusion that there was a tackle and that that tackle was very high and effected recklessly.

Decision On Sanction (where found to have committed Misconduct)

Suspension:

2 matches