Botha appeal rejected - ban upheld
Thu, 02 Jul 2009 12:31
South African second row Bakkies Botha has had his appeal against his two week ban turned down and is therefore unavailable for selection for the Springboks third and final test with the British and Irish Lions this weekend.
Botha, cited for a 'dangerous charge' on Adam Jones in the second test in Pretoria, was hopeful of having the ban overturned but will now be forced to watch from the stands as his teammates attempt to make it 3-0 in the series against the touring Lions.
The statement, released on Thursday afternoon, read: "The Appeal Committee has dismissed the appeal by Bakkies Botha against the finding of Breach of Law 10 (4) (j) - by dangerous charging in a ruck or maul without binding.
"On appeal, the rules dictate that the appellant carries the onus of proof that the decision of the Judicial Officer should be overturned or varied- this onus was not discharged on the facts. As a result and on those grounds, the appeal was dismissed.
"However in the course of comprehensive and able submissions by Mr Gerrie Swart for the appellant, a very important point of principle was developed as to the proper application of this Law and in particular when a player lawfully binds or attempts to bind for the purpose of this Law."
Despite that though the Appeal Committee said it's final 'conclusion' would 'not have influenced the decision reached' regarding Botha.
South African Rugby Players Association CEO Piet Heymans had spoken earlier in the week about the body's concerns that the banning set a concerning precedent for world rugby and his hope that the decision would be changed following the appeal process.
"The two week suspension handed down to Bakkies [Botha] for dangerous rucking has caused concern and uncertainty amongst our members," said Piet Heymans said in a statement on Monday.
"South African players are coached to hit and attack rucks in a similar manner and fashion as was executed by Bakkies on Saturday and therefore this ruling is a cause for serious concern.
The statement went on to say that rugby is a contact sport and it is unfortunate that in a contact situation players will and do get injured and therefore it is of the utmost importance that players be coached and be prepared to deal with the contact situations.
"It is unfortunate that in the Bakkies instance a player got injured but at the same time during the match a number of other players cleared rucks in a similar manner and fashion as Bakkies did with no consequence.
"This leaves serious questions about what should players do in future when entering a ruck? Should players now be afraid of contact and taking each other on at rucks?"
Botha's ban will run until July 11 - meaning he is available for the start of the Tri-Nations.
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