Johnson considers appeal
February 22, 2002

England captain Martin Johnson was today considering his next move after being hit with a three-week ban for punching Saracens hooker Robbie Russell.

Rugby Football Union disciplinary chiefs conducted a marathon hearing of almost eight hours before announcing their verdict around 1am today.

It means that Johnson is currently suspended up to, and including, March 14, ruling him out of England's potential Lloyds TSB Six Nations Championship title decider against France in Paris, plus Leicester's Premiership appointments with Northampton tomorrow and Bath on March 9.

Johnson though, has 14 days to decide on a possible appeal, and the moment he lodges a protest with Twickenham top brass, then he is free to resume playing, pending another hearing.

If the 65-times-capped lock goes down that road, it is conceivable that he could make the French clash on Saturday week, but the ball is clearly now in England boss Clive Woodward's court.

Woodward cannot select Johnson at the moment, yet a protest made in the middle of next week would probably make him available for Paris. The RFU couldn't realistically arrange an appeal hearing in two or three days.

Given that Johnson's high-powered legal team challenged the RFU's right to even stage last night's Bristol hearing, there is every chance that an appeal will be forthcoming.

"Leicester will be considering the decision over the weekend and will not be making any further comment in relation to the incident or hearing," said Tigers rugby director Dean Richards, who drove a silent Johnson away, amid a blur of photographers' flashlights at 1.15am.

Johnson was yellow-carded and sin-binned by referee Dave Pearson following his punch on Russell that left the Scottish international requiring six stitches to a cut beneath his left eye.

But during more than four hours of legal argument, Johnson's representatives - headed by senior counsel Bita Bhalla - questioned why their client had been summoned by RFU disciplinary officer Robert Horner.

Once the panel, consisting of specialist criminal lawyer Richard Smith QC, senior RFU vice-president Derek Morgan and RFU Council member Richard Moon, decided that they did have jurisdiction to rule on what was effectively a disrepute charge, the disciplinary hearing began.

Horner had empowered the panel to take action if they felt that Johnson's yellow card was insufficient.

But Horner last night denied suggestions that he might have set a precedent, stating: "I am not the first disciplinary officer to require a hearing after a yellow card was awarded.

"I felt that the public interest in this case was such that it was appropriate that a panel should look at all the circumstances.

"I was not influenced by anything that I read in the media. I felt that it was necessary for me to take a look at the incident, and if there is similar public interest over an issue in the future, then I could see a similar route being followed."

Once the legal arguments were put to bed, Johnson was told by panel chairman Richard Smith that his conduct had been worthy of a red card.

"Our first consideration has been to determine whether your conduct was, in fact, of a kind to have merited the imposition of a red, rather than yellow card," Smith said.

"We have the benefit of examining the video footage in detail, to a degree that was not available to either referee or touch judge on match day.

"We conclude that your conduct in punching Robbie Russell was an offence meritous of the imposition of a red card, and accordingly, we have addressed our minds to the appropriate punishment applicable in the circumstances of a player having been dismissed for striking an opponent in the face.

"There are indeed inconsistencies in refereeing decisions for this kind of foul play. It is our hope that such may be addressed in consultation with players, the union, clubs and referees.

"In considering any further punishment relevant to your individual case against the background of the relevant guidelines, we have had regard in particular to the following matters," he added.

"This was a gratuitous piece of foul play, and while Robbie Russell was in contact with you, we see no force in any suggestion made on your behalf that his conduct was either provoking or an assault on you.

"His conduct, in our judgement, in no way explained or excused your reaction. We should not, and do not, ignore the fact that Mr Russell received a cut to his face.

"Balanced against that, we give you significant credit for your guilty plea and expressions to this panel of regret with regard to your actions, and the consequences thereof.

"This is not the first occasion you have been called to answer for foul play, including punching.

"In all the circumstances, it is in our view inevitable that a suspension is imposed. To fail to do so would ignore the guidance as to punishment and consistency, to which I have already referred."

Johnson was then served with the recommended three-week norm for punching, while player and club were ordered to pay costs totalling £250.

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