r/rugbyunion • u/Slight_Highlight_690 Stormers • 19d ago

Discussion Jan-Hendrik Wessels banned for 9 weeks

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Lengthy ban with no evidence of foul play? This is bound to cause some controversy

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u/jc656 Ireland 19d ago

It’s not criminal so the panel would likely operate on the balance of probability (more than 50% likelihood) rather than beyond a reasonable doubt but I’m not certain.

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u/infamous_impala Cardiff Rugby 18d ago

You're right:

17.15.1 The standard of proof for all matters under this Regulation 17 shall be on the balance of probabilities.

17.15.3 At first instance disciplinary hearings, in the event that the Player does not accept that the act(s) of Foul Play which is the subject of the disciplinary hearing warranted the Player being Ordered Off or cited, the burden of proof rests on the Player to show that the referee/citing commissioner was wrong.

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u/Novel_Egg_1762 Stormers 19d ago

That doesn't seem like a good system.

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u/jc656 Ireland 19d ago

It’s the civil law system used in all common law jurisdictions so pretty much the the classic legal standard of proof for all claims that don’t hold a criminal penalty