Justin Marshall escapes ban after citing
by Huw Turner
May 14, 2001

The NZRFU Judicial Committee met on Monday afternoon to consider two citings of Justin Marshall arising out of incidents in the match played between the Highlanders and Crusaders at Dunedin on Saturday.

Marshall was cited by the Citing Commissioner for stamping on the hand of Byron Kelleher and for a late and dangerous tackle on Tony Brown, both incidents occurring during the first half.The Committee viewed videotapes of both incidents and heard evidence from Marshall and submissions made on his behalf. The Committee also had before it a statement from Brown.

The Committee released the following statement on Monday afternoon :

'In relation to the alleged late and dangerous tackle, the incident was seen by both the Referee and by a Touch Judge who was in close proximity to it. The Referee in consultation with the Touch Judge viewed the tackle as dangerous and thought that it was sufficiently dealt with by way of a penalty and speaking to Marshall and his captain. At the hearing the Referee's assessment of the tackle as dangerous was challenged but having viewed the video tape and having heard evidence and submissions, the Committee concluded that the Referee was correct in his assessment of it. Under the Rules which govern the Committee's deliberations the Committee may only impose a greater penalty than that imposed by the Referee if it is comfortably satisfied that he was wrong in the penalty he imposed. In this instance, although a case for a greater penalty might have been made, in the view of the Committee it would not have warranted anything exceeding the equivalent of a temporary suspension and the Committee therefore concluded that given the distinction between that penalty and what was imposed it could not be satisfied the decision of the Referee was so clearly wrong as to justify intervention.

With regard to the citing for the stamping incident Marshall did not deny there had been contact between his foot and the Highlanders player's hand, and in any event it was clear from the video tape from the incident such contact had been made. In the circumstances the Committee found the citing to be made out but having regard to provocative conduct on the part of the Highlanders player which preceded the incident, the seriousness of the conduct itself and Marshall's record and reputation as a player not known for foul play, the Committee concluded that the matter could be sufficiently dealt with by the imposition of the equivalent of a temporary suspension. The effect of that finding is that if Marshall receives two more Yellow Cards in matches played within the SANZAR jurisdiction this year he can be brought back before the Committee which has the power, should it deem it appropriate, to impose a suspension from playing.'

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