Exclusive: New evidence could sway deliberations in Spain World Cup decision
A decision regarding Spain’s banishment from the Rugby World Cup could be confirmed in the next 24 hours, RugbyPass understands, and mounting evidence suggesting the ineligible player at the centre of the furore, Gavid van den Berg, was well aware of the requirements to play international rugby could work in the Spanish Federation’s favour.
Having finished in second place over the past two years’ worth of European qualification tournaments, Spain were awarded a spot in the 2023 Rugby World Cup in Pool B alongside the likes of South Africa, Ireland and Scotland in March.
After it was discovered that van den Berg, a reserve prop who Spain has fielded in two sizeable wins over the Netherlands, was not eligible to play test rugby for Los Leons, however, the team were stripped of their points from the fixtures and fell to fourth on the overall table – which saw them drop out of the qualifying race. At the time the punishment was announced by World Rugby, the committee concluded that Van den Berg had not deliberately misled the Spanish union, which was determined as a key factor in why there was little respite for Spain.
RugbyPass has received evidence, however, that confirms the South African-born front-rower was indeed aware of the eligibility requirements, and was involved in the process to alter his passport copies, which could prove significant in Spain’s appeal to have their place in the World Cup reinstated.
The official hearing was held on 16 June and World Rugby’s appeals committee has been deliberating over their sizeable decision for the better part of the past week.
RugbyPass understands that some of the major points of discussion throughout the appeal include Van den Berg’s justification for spending so much time outside of Spain during the first of his three years of qualification (and whether this constituted ‘exceptional circumstance’) and whether, given the circumstances, the 10-point penalty handed to Los Leones was appropriate for the breach in the laws.
In previous cases where eligibility laws have been violated, such as during the ‘Grannygate’ scandal of the early 2000s, the punishments were relatively insignificant – certainly not on the same level as effectively disqualifying a side from taking part in the Rugby World Cup.
Further, the appeals committee must also weigh up whether the collective effort of the entirety of the Spanish squad – as well as the various coaches, administrative and support stuff behind the team – should be so significantly penalised for the acts of one individual.
As a non-Spanish-born player, Van den Berg was only eligible to play for Spain if he had qualified through 36 months of consecutive residency in the Iberian nation. Throughout that residency period, no more than two months a year could be spent outside the country, unless there were exceptional circumstances.
Although Van den Berg had spent three years living in Spain before his first test cap in 2021, he was found by World Rugby’s initial investigation to have not been based in the country for at least 10 months in each of those 12-month cycles (he spent 127 days offshore in his first year) – despite originally being cleared to play for Los Leones by both the Spanish Federation and World Rugby themselves after copies of his passport had been edited.
Having featured only in two blowout matches won at a canter by Los Leones, Van den Berg’s impact on Spain’s results throughout their qualification process was negligible at best.
If Spain’s appeal were to be upheld – and the punishment reduced – they could qualify for their first World Cup since 1999.
Comments on RugbyPass
We’re building a bridge but can't agree where the river is.
2 Go to commentsfirst no arms shoulder or helmet tackle into his rib cage is going to be so very painful even to watch. go back to RU mate.
1 Go to commentsBulls by 5. Plus another 50.
3 Go to commentsJohan Goosen avatar. Cute. Surely someone at RP knows how to do a google image search?
3 Go to commentsCan’t these games play a little earlier? Asking for a friend.
3 Go to commentsIt’s impressive that we can see huge stadiums with attendance in the 40 000 to 50 000 region. It shows how popular this competition is becoming. What is even more impressive is the massive growth in broadcast viewership. The URC is one of the two best leagues in the World, the other being the Top14.
7 Go to commentsChristie is not Sottish, like the majority of the Scotland team.
2 Go to commentsHold the phone, decline over-rated. Is it a one game, dead cat bounce or the real thing? Has the Penney dropped? Stay tuned.
45 Go to commentsTotally deserved win for the Crusaders Far smarter than the Chiefs who seem to be avoiding the basics when it matters Hotham showed them what was missing and Hannah seems a real find - a tad light but that can be fixed over time
8 Go to commentsGreat insight into the performance culture with Sarries and I predict Christie will be a fixture in the Scotland team now for some time to come. However, he is slightly missing his own point around Scotland “being soft” when he cites physicality examples in defence of that slight. The issue is much closer to the example he referenced around feeling off before a game but being told “it doesn’t matter, you can still play well” by Farrell. Until Scotland can get their psyche in that square, they will carry on folding under extreme pressure…
2 Go to comments> We are having to adapt, evolve and innovate more than when we were in Super Rugby where there was only really one style that everybody had to play to gain the most success. Have = able to? Interesting what that one style might be? I thought SA sides still had bad tours now, or at least bad schedule, months away? Those extra few hours flights have to be a killer though, no surprise to see their sides doing so badly at the start of the season each year. I wouldn’t enjoy that unfairness as a supporter.
7 Go to commentsThe problem for NZ, and Aus, is they ripped up the SR model and lost a massive chunk of revenue that hasn’t been replaced. Don’t forget SA clubs went North because they were left with no choice, Argy unceremoniously binned and Japan cast adrift. Now SR wasn’t perfect, far from it, but they’ve jumped into something without an effective plan, so far, to replace what they’ve lost. The biggest revenue potential now lies in Japan but it won’t be easy or quick to unlock, they are incredibly insular in culture as a nation. In the meantime, there is a serious time bomb sitting under SH rugby and if it happens then the current financial challenges will look like a picnic. IF the Boks follow their provincial teams and head north then it’s revenue meltdown. Not guaranteed to happen but the status quo is a very odd hybrid, with the Boks pointing one way and the clubs pointing the other way. And for as long as that remains then the threat is real.
45 Go to commentsI think Etene has had some good tuition, likely while at the Warriors to be a professional that helped his rugby jump, but he was certainly thrown in the deep end way too early. Should have arguably 20 less SR caps, and therefor a way better record that he does at his age, but his development would have been fast tracked by the need to satiate his signing away from league. Again, credit to him and others that he has done it so well. Easy to fall over under that pressure in the big leagues like that but he kept at it when I myself wasn’t sure he was good enough.
1 Go to commentsAwesome story. I wonder what a bigger American (SA) scene might have mean for Brex.
1 Go to comments“Johnny McNicholl and the Crusaders” save a Penney. Who has been in camp this week and showed them how to play?
8 Go to commentsSo, reports of the Crusaders’ demise / terminal decline are perhaps just - slightly - premature/exaggerated…? 🤔 Will we see a deep-dive into that by the estimable Rugbypass scribes, and maybe one or two mea culpas? Thought not.
8 Go to comments1. The Chiefs are rudderless without DMac, which enhances his AB chances 2. Chiefs pack are powderpuffs. The hard men arent there anymore 3. They had their golden title chance last yr and wont threaten this yr. Gone in second round of playoffs.
8 Go to commentsHonestly, why did you have to publish such a foolish article the day they play us? 😂
45 Go to comments> They are not standalone entities. They are linked to an amateur association which holds the FFR licence that allows the professional side to compete in the league. That’s a great rule. This looks like the chicken or egg professional scenario. How long is it going to be before the club can break even (if that is even a thing in French rugby)? If the locals aren’t into well it would be good to se them drop to amateur level (is it that far?). Hope they can reset from this level and be more practical, there will be a time when they can rebuild (if France has there setup right).
1 Go to commentsWhat about changing the ball? To something heavier and more pointed that bounces unpredictably. Not this almost round football used these days.
35 Go to comments