Internationally renowned sports lawyer Aaron Lloyd has weighed in on the argument that All Blacks’ prop Angus Ta’avao was unfairly sanctioned following a nasty head clash with Ireland's Gary Ringrose.
The collision knocked both players immediately to the ground, but many felt Ta'avao's three-week suspension was unjustified considering the unintentional and arguably inevitable nature of the clash.
The suspension came just one week after Wallabies’ lock Darcy Swain was sanctioned with a two-week ban for headbutting his English opposite Jonny Hill, leading many to question how an intentional headbutt could receive a lesser penalty than an accidental collision.
Lloyd, who defended Swain in front of the judiciary, explains that both players were first awarded a six-week suspension, but a longer suspension would have been “wholly disproportionate” for Swain considering the lack of force involved.
“Part of it is understanding that in the case of Angus Ta’avao, the starting point for a head clash like that where you’re found culpable for it is six weeks,” Lloyd told SENZ Afternoons.
“If you’ve got a clean judicial record and if you acknowledge the foul play and all those things which Angus did, the maximum discount you get is half of that, down to three weeks, unless three weeks would be wholly disproportionate.
“That was effectively the argument we ran with Swain. It started at six weeks; it was down to three, but we persuaded the judiciary that it’s wholly disproportionate to give him three so you should give him nothing.
“They didn’t give us that, they gave us two.”
Lloyd added that while Swain’s act was intentional, his action “barely hit” Hill, while Ta’avao’s sent both players to the floor.
“Ta’avao’s action … the key there is Angus’ action, from his point of view, was an accident whereas Dary Swain’s action is deliberate or intentional,” Lloyd continued.
“I think that’s where people go, ‘How, for an accidental collision, can you end up with more of a suspension than a deliberate action?’
“So yeah, I have got some sympathy for that, and the question you have to ask is … it probably comes down to the degree of force.
“If you look at that Swain thing again, Jonny Hill – the guy that he pulls in and headbutts is laughing, because it doesn’t hurt him, it barely hits him.
“Whereas Ringrose is almost knocked out and off the field because of the head clash, and it comes down to that.
“World Rugby at the moment is really focused on dealing with minimising … they’re pulling every lever they can to try and minimise head clashes with force because they’re worried about concussion and the impact on players in the game.”
Having completed his two-week sanction, Swain will now be available for August’s Rugby Championship, while Ta’avao has missed All Blacks’ selection with one week remaining on the sideline.
The All Blacks will face the Springboks for the first two matches of the Championship, while the Wallabies take on the Los Pumas, both starting on August 7.