At a judicial hearing held in Sydney on 22 October Scotland flanker Martin Leslie has been banned from all forms of rugby up to and including 12 January 2004.
The 12 week ban follows the player's citing following an incident during his side's 39-15 win over the USA on 20 October.
The full written decision is as follows:
Judicial officer: Mr Terry Willis
Present:
Mr Martin Leslie
Mr Doug Morgan, Scotland Team Manager
Mr Darren Bailey, Designated Disciplinary Officer
Mr Hugh FitzSimons, Assistant Legal Adviser
Mr Adrian Steer, Australian Rugby Union
Leslie was cited by the Citing Commissioner, John West, as a result of an incident that occurred in the 28th minute of the second half and described the incident as follows:
Players from both sides were off their feet with the ball on the ground on the USA side. The American number 21, Jason Keyter, approached from his own side in a crouching position.
He was grabbed by the jersey by the Scottish number 19, Martin Leslie, who pulled him over to the Scottish side. Leslie then struck the head of the unprotected American with his knee. The American number 21 was injured and required treatment.
Leslie pleaded not guilty to this offence and it was submitted on his behalf by the Scottish team manager, Doug Morgan, that:
There was contact … but it was accidental and it was actually part of something we've been doing during the week in terms of a player who is coming over the top of the ruck. We'd been working on a player pulling that player out of the road and our player stepping through into the space in order to get the ball basically.
During the course of viewing the videos it was submitted on behalf of the player that:
Player number 21 was coming across to take Martin out of the game basically and Martin pulled him across to create space around the ball, or to provide a position of guard in the left-hand side of the ruck … and Martin pulled him across to clear the space around the ball or attempted to win the ball … Martin brings his right leg forward, steps forward to get into the space that he was trying to clear for himself by pulling number 21 across to get himself into position, one, to either go for the ball or fill in the guard position on the side of the ruck.
In relation to the use of the knee it was submitted that:
He's stepping forward with the right foot, right leg, to propel himself forward … and then his left leg comes forward. He was attempting to get into the space behind the player.
I asked Leslie his version of the incident and he stated that:
I pulled him all the way over and get him down to the ground as quick as possible. In training we've been practicing because if they are there, pull them over, get them down so we can pull in the fringes, around the edges and that, and I haven't even realised that it happened.
I then requested submissions as to whether Leslie had an opportunity to move aside to allow the American player to come through on to the Scottish side of the ruck and then for Leslie to move in to the space created thereby.
The answer to this question was:
No, because if Martin hadn't put his hands on the number 21 Martin would have been taken out of the game.
I had the opportunity of hearing Leslie, and also viewing videos of the incident from numerous angles. The incident was not detected by any of the match officials and statements were tendered before me confirming this fact.
A statement was also tendered from the American player, Jason Keyter, confirming that contact was made to his head and that he played on after receiving medical attention. The clearest angle of the incident was the second angle which, in my view, clearly shows that Leslie, of his own volition, pulled the jersey of Keyter, dragging him on to the Scottish side of the ruck.
It was submitted that Keyter was attempting to clear out Leslie but I do not accept this argument as he had entered the ruck rather tentatively leaning, rather than driving with the ‘clean out’ body position. I further find that after viewing the video that Leslie had ample space after dragging the American player down to avoid contact between his right knee and the head of the player.
Further, I reject the argument that he used his right leg to propel himself forward and find that he deliberately dropped his knee in to the head of the player in the process of dragging the player on to the Scottish side of the ruck.
I accordingly find that Leslie intentionally used his knee on Keyter's head and accordingly find, on the balance of probabilities, him guilty of misconduct being striking an opponent with his knee.
Penalty
I was informed that Leslie had played 37 Tests for Scotland and in excess of 108 Super 12 and NPC games for Wellington and had not been sent off or had a citing complaint proved against him in his long and distinguished career.
It is with regret that I have to deal with this experienced player for misconduct in the twilight of his career.
In accordance with the Rugby World Cup Tournament Disciplinary Programme, the recommended sanctions for this offence is eighteen (18) weeks and I am required to consider that this period of suspension should be the usual sanction depending upon the circumstances and be reduced if there are mitigating factors and increased if there are aggravating factors.
I have taken the view that the player's previous good record is a mitigating factor in applying the usual sanction and do not consider that there are any significant aggravating factors requiring me to increase the usual sanction beyond eighteen weeks.
I am however mindful that a significant period of suspension is required to mark my concern over the unnecessary and dangerous use of the knee by Leslie on the head of the American player who was in an unprotected and vulnerable position.
I could not give the player the benefit of an inference of contrition, as he pleaded not guilty, and throughout the hearing maintained that his actions were unintentional. Having regard to the matters previously identified, I consider a period of suspension of twelve (12) weeks should be imposed. Leslie, accordingly, will be suspended from all forms of rugby up to and including 12th January 2004.