Heem's career at Worcester is over after he loses appeal
Bryce Heem has made his final appearance for Worcester as his appeal against a four-week suspension has failed ahead of his summer move to Toulon. Heem had appealed his four-week suspension, which was given for a tip-tackle on Paolo Odogwu contrary to Law 9.18 against Sale on April 13.
Heard by a new panel comprising Gareth Graham (chair), Martin Picton and John Doubleday, the appeal was dismissed and the player remains suspended for four weeks. The return to play date is to be confirmed due to only three regular season games remaining in his club’s English season.
Panel chair Graham said: “The issue on appeal was whether the disciplinary panel who heard the case at first instance was wrong to conclude that the tip-tackle by the player on Paolo Odogwu passed the red card test.
“The player accepted before the appeal panel that there was an act of foul play and that it warranted a yellow card. This represented a change of stance from that adopted at the original hearing when the question as to whether the player’s action amounted to an act of foul play was challenged.
“The disciplinary panel at first instance gave limited reasons as to why it considered the red card threshold was passed. In our view, it simply adopted a submission made on behalf of the RFU that if a player who had been tip-tackled landed on the head, neck or shoulder, a red card is warranted for the tackler, whereas a yellow card is warranted where a player lands on the back or side.
DISCIPLINE | @WorcsWarriors' Bryce Heem to appeal against four week suspension: https://t.co/0n5SGeJpGQ pic.twitter.com/FrX0N7PsC4
— England Rugby (@EnglandRugby) April 23, 2019
“At the appeal, counsel for the RFU was unable to demonstrate to the appeal panel the existence of any such guidance (either formally or informally). In the view of the appeal panel, this approach by the disciplinary panel was flawed.
“Instead, the assessment of whether a particular tip-tackle satisfies the red card test requires an analysis of all three elements of the act of foul play – (a) lifting off the ground, (b) dropping or driving. and (c) head and/or upper body making contact with the ground.
“The decision as to whether a particular tip-tackle should attract a yellow or red card does not necessarily depend on whether a tackled player lands on one part of the upper body or another.
“We concluded that an act of foul play, which causes another player to land on the shoulder (as part of a tip-tackle), doesn’t automatically warrant a red card as opposed to a yellow card; the appropriate sanction depends on the circumstances of the particular act of foul play in question.
“As a consequence, we consider that the decision reached by the disciplinary panel, was flawed in that it was made on an overly simplistic and misguided basis.
“On an appeal the discretion afforded by the RFU Regulations, in particular RFU Regulation 19.12.12, is wide. That discretion includes dismissing the appeal, quashing a finding and any sanction imposed, remitting the matter for a re-hearing or substituting an alternative finding and/or sanction.
?SNAPPED? in the ticket office today Bryce Heem – ??for tonight- lets hope all goes well and we see him back on the pitch soon…. pic.twitter.com/pQIQaLbM1Z
— Warriors Ticket Info (@WarriorsTicket) April 16, 2019
“The appeal panel concluded, however, that sufficient facts were available to us in the reasoning of the disciplinary panel, supplemented by the video footage, so as to allow us to properly make our own assessment as to whether the decision that the tackle justified a red card was the correct one.
“In so deciding we were conscious that we should not substitute our own views of the facts for that of the disciplinary panel but were confident that we could reach a fair assessment of the issue on the available material.
https://twitter.com/geoffberkeleyWN/status/1117743612912074752
“We concluded that the tackle did pass the red card threshold. This conclusion was based on the overall circumstances of the tackle, including that the player lifted Paolo Odogwu beyond the horizontal and dropped him on his shoulder.
“In the appeal panel’s assessment, this was a tip-tackle where the nature of the landing was potentially very dangerous to the tackled player and thus a red-card was justified in the circumstances.
“There was no appeal against the sanction (of a four-week ban) to be applied to the player if the appeal panel concluded that the red card threshold was passed. The appeal is therefore dismissed and the original sanction remains in place.”
Comments on RugbyPass
I think we are all just hoping that the Olympic 7s doesn’t suffer the same sad fate as the last RWC with the officials ruining the spectacle.
1 Go to commentsPersonally, I’ve lost the will to even be bothered about the RFU, the structure, the participants. It’s all a sham. I now simply enjoy getting a group of friends together to go and watch a few games a year in different locations (including Europe, the championship, etc). I feel extremely sorry for the real fans of these clubs who are constantly ignored by the RFU and other administrators. I feel especially sorry for the fans of clubs in the Championship who have had considerable central funding stripped away and are then expected to just take whatever the RFU put to them. Its all a sham, especially if the failed clubs are allowed to return.
8 Go to commentsI’m guessing Carl Hayman would have preferred to have stayed in NZ with benefit of hindsight. Up north there is the expectation to play twice as many games with far less ‘player management’ protocols that Paul is now criticising. Less playing through concussions means longer, healthier, careers. Carter used as the eg here by Paul, his sabbatical allowed him to play until age 37. OK its not an exact science but there is far more expectations on players who sign for Top 14 or Engl Prem clubs to get value for the huge salaries. NZR get alot wrong but keeping their best players in NZ rugby is not one of them. SA clubs are virtually devoid of their top players now, no thanks. They cant threaten the big teams in the Champions Cup, the squads have little depth. Cant see Canes/Chiefs struggling. Super has been great this year, fantastic high skill matches. Drua a fantastic addition and Jaguares will add another quality team eventually. Aus teams performing strongly and no doubt will benefit with the incentive of a Lions tour and a home RWC. Let Jordie enjoy his time with Leinster, it will allow the opportunity for another player to emerge at Canes in his absence.
4 Go to commentsLove that man, his way to despise angry little men is so funny ! 😂
4 Go to comments“South African franchises would be powerhouses if we had all our overseas based players back in situ. We would have the same unbeatable aura the Toulouses, Leinsters or Saracens of this world have had over the last decade or so.” Proof that Jake white does not understand the economics of the game in SA. Players earning abroad are not going to simply come back and represent the bulls. But they might if they have a springbok contract.
22 Go to commentsA lot of fans just joined in for the fun of it! We all admire O'Gara and what he has done for La Rochelle
4 Go to commentsThe RFU will find a way to mess this up as usual. My bet is there will be no promotion into the the Premiership, only relegation into National League One. Hopefully they won’t parachute failed clubs into the league at the expense of clubs who have battled for promotion.
8 Go to commentsWell that’s the contracts for RG and Jordie bought and paid for. Now, what are the chances we can persuade Antoine to hop over with all the extra dosh we’ll have from living at the Aviva & Croke next season…??? 🤑🤑🤑
13 Go to commentsWow, that’s incredible. Great for rugby.
13 Go to commentsYou probably read that parling is going to coach the wallaby lineout but if not before now you have.
14 Go to commentsIf someone like Leo Cullen was in O’Gara’s place I don’t hear Boo-ing. It’s not just that La Rochelle has hurt Leinster and O’Gara is their Irish boss. It’s the needle that he brings and the pantomime activity before the game around pretending that Munster were supporting LaRochelle just because O’Gara is from Cork. That’s dividing Irish provinces just to get an advantage for his French Team. He can F*ck right off with that. BOOOOO! (but not while someone is lying injured)
4 Go to commentsDid the highlanders party too hard before the game? They were the pits.
1 Go to commentsWhat a player! Not long until he’s in the England side, surely?
2 Go to commentsHe seems to have the same aura as Marcus Smith - by which I mean he’s consistently judged as if he’s several years younger than he actually is. Mngomezulu has played 24 times for the Stormers. When Pollard was his age he had played 24 times for South Africa! He has more time to develop, but he has also had time to do some developing already, and he hasn’t demonstrated nearly as much talent in that time as one would expect. If he is a generational talent, then it must be a pretty poor generation.
6 Go to commentsThe greatest Springbok coach of all time is entirely on the money. Rassie and Jacques have given the south african public a great few years, but the success of the springbok selection policy will need to be judged in light of what comes next. The poor condition that the provincial system is currently in doesn’t bode well for the next few years of international rugby, and the insane 2026 schedule that the Boks have lined up could also really harm both provincial and international consistency.
22 Go to commentsJake White is a brilliant coach and a master in the press. This is another masterclass in media relations and PR but its also a very narrow view with arguments that dont always hold water. White wants his team to win, he wants the best players in SA and wants his team competitive. You however have to face up to the reality of a poor exchange rate and big clubs with big budgets. SA Rugby cant compete and unless it can find more money SA players will keep leaving regardless of Springbok eligibility and this happened in 2015 - 2017. Also rugby is not cricket. Cricket has 3 formats and T20 cricket is where the money is at. When it comes to club vs country the IPL is king but that wont happen because the international calendar does not clash with the club calendar in rugby. So the argument about rugby going down the same path as cricket is really a non-starter
22 Go to commentsNZ rugby seem not to have learnt anything from professional rugby. Super rugby was dying and SA left before they died with the competition. SA rugby did a u turn on their approach to international players playing overseas and such players are now selected for Bok teams. As much as each country would love to retain their players playing in local competitions, this is the way the world is evolving my friends. Move with it or stay 20 years behind the times. One more thing. NZ rugby hierarchy think they are the big cheese. Take a more humble approach guys. You do not seem to have your players best interests at heart.
4 Go to commentsBeaches? In Cardiff? Where?
1 Go to commentsHe is right , the Crusaders will be a threat. Scott Barrett, ( particularly), Fergus Burke , Codie Taylor, ( from sabbatical) etc due back soon for the Crusaders. There are others like Zach Gallagher too. People can right the Crusaders off, Top 8 , here we come !!
1 Go to commentsWe will always struggle for money to match the other sides but the least the WRU can do is invest properly in Welsh rugby. Too much has been squandered on vanity projects like the hotel and roof walk amongst others which will never see a massive return. Hanging the 4 pro sides out to dry over the last decade is now coming back to bite the WRU financially as well as on the pitch. You reap what you sow.
1 Go to comments