Lions in SA

Bakkies: Official statement

2009-07-02 15:32
Official statement (File)
Johannesburg - 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.

The Appeal Committee will set out its conclusion in a full decision as soon as possible. However that conclusion would not have influenced the decision reached.

The appeal against the penalty was dismissed.



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