Urge World Rugby to Stop "Guilty until proven Innocent" disciplinary precedent

Recent signers:
Lance Armor and 14 others have signed recently.

The Issue

Rugby is a sport loved by me and millions of fans around the world. We all share a mutual respect for its core values which is captured by "the spirit of the game" - the core philosophy that emphasises fair play, sportsmanship, and mutual respect among all participants. Its uniting nature and power was effectively portrayed in the movie "Invictus".

An alarming precedent
These values have ironically come under attack from within during a recent World Rugby disciplinary hearing of Jan Hendrik Wessels who was handed a 9-week suspension on the basis of "probabilities" after a citing in a United Rugby Championship (URC) match. He had to prove his innocence despite a lack of concrete evidence against him and where the word of one player was taken over another. This sets an alarming precedent and contravenes the fundamental principles of fair play and equality that rugby is celebrated for. It also exposes inconsistency and raises questions about bias and discrimination in the disciplinary process as similar cases have been treated differently before.

Presumption of Guilt
The current disciplinary procedures appear to operate on a presumption of guilt, requiring players to demonstrate that an incident did not occur.

  • This is inherently unfair, defying the basic principle of justice that one is innocent until proven guilty
  • This not only affects the players' careers but also tarnishes their, and the sport's reputation globally. With rugby expanding worldwide, it is imperative that all associated processes are equitable and just
  • It also affects the players financially who are deprived of considerable income from match fees and potential loss of sponsorships etc.
  • It also impacts the performance and results of their respective teams as in this case the player will be missing eight games of which four are international matches
  • In addition it also sows division between fans and nationalities and threatens the core aspect of "Union" in Rugby Union
  • Conspiracy theories and accusations of the process used to settle scores and acquire unfair advantage arises
  • Accusations about impartiality are leveled against the officials involved who also suffer unfairly and unnecessarily and sometimes they have to even endure verbal and physical threats

Fairness and Equality
According to World Rugby regulations, player discipline is crucial to ensure safety and uphold the spirit of the game. Nonetheless, these regulations must be implemented fairly, ensuring all players are treated equally regardless of their nationality. Jan Hendrik Wessels' case casts doubt on this integrity, given his punishment was based on probability rather than solid proof and seemed to exclude other factors such as:

  • The fact that a referee who was closest to the event, two assistant referees and a television match official (who recently officiated the Women’s World Cup final) could not find conclusive evidence of the accusation
  • There are several other incidents where players have been exonerated for the lack of video evidence
  • The panel gave significant weight to the accusing player Josh Murphy's account, even though he has a history of disciplinary issues, while Wessels' version of events was deemed less credible. Murphy, retaliated and punched his opponent in the head, which is a severe offence and was penalised with a red-card. This was however totally rescinded so that Murphy is available to play again immediately without consequences.
  • The decision also relied on interpretation with reference made to the player's arm moving "unnaturally" which was taken as proof he probably did something wrong
  • The setup of the citing panel also does not consider impartiality as it included three members of the same nationality
  • The process, all the evidence taken into consideration and how the decision was reached was not treated completely transparently.
  • Despite the immediate and severe consequences of the decision for the players and teams, the fans and all parties involved are expected to except the decision as final and closed until it is perhaps reviewed at some later stage the date of which remains unclear

In the end it amounts to one player’s word against another, which even if it is “probably” true unfortunately can’t be used as justification to reach a decision – and if it is – where do you draw the line? Can all players now act or retaliate and claim innocence or absolution because of what they claim happened?

WE CALL UPON AND URGE WORLD RUGBY:

We the undersigned, loyal fans and supporters call upon World Rugby to urgently and thoroughly investigate their disciplinary mechanisms. We urge them to:

  • Undertake an urgent review of Jan Hendrik Wessels and Josh Murphy' case and sanction
  • Adopt clearer guidelines that protect players' rights and ensure fairness, equality and impartiality in every verdict. Rugby's integrity and future depend on fair processes, and we must take action to safeguard the sport we love from dubious disciplinary practices.
  • This is not an isolated incident and it is clear a robust and transparent review of the disciplinary process is essential to maintaining confidence and trust in the sport's governance
  • Each accusation must be evaluated impartially and based on credible evidence, not assumptions or interpretations
  • Implementing a clear standard of proof will ensure that players do not feel unjustly targeted and that the integrity of rugby is preserved.

We also request the International Rugby Players Association to make their voice heard loudly and clearly on this incident and on behalf of the players they represent.

Please sign this petition and lend your support to demand World Rugby undertake an urgent review of Jan Hendrik Wessels' case and sanction, but more importantly of their disciplinary procedures to ensure fairness, equity, and integrity for players worldwide.

Your support is crucial in protecting rugby players' rights and the principles that rugby stands for and the game that we love.

THE INCIDENT
(The incident occurs at the 51 second mark of the video)

 

 

URC DISCIPLINARY STATEMENTS:
URC Disciplinary Statement
URC Disciplinary statement after Appeal 

MEDIA REACTION:
Daily Maverick: URC’s disciplinary process questioned
planetrugby.com - Exclusive: The images used for Jan-Hendrik Wessels’ controversial ban as panel deems Springbok ‘intentionally’ groped Josh Murphy
TALKING POINT: We are all losers in the way the Wessels case has been handled
sarugbymag.co.za - URC’s most shameful moment as Wessels ban stands
Eggchasers Rugby: JUSTICE OR FARCE??? | WESSELS BAN CONFIRMED? |
Forever Sports: Jan-Hendrik Wessels has appeal DENIED in HUGE blow to Boks
TRAVESTY OFBrenden Nel: JUSTICE: Wessels appeal dismissed, ban reduced by one week

JUDICIAL REFERENCES:
World Rugby - Regulation 20. Disciplinary And Judicial Matters

 

 

 

 

19

Recent signers:
Lance Armor and 14 others have signed recently.

The Issue

Rugby is a sport loved by me and millions of fans around the world. We all share a mutual respect for its core values which is captured by "the spirit of the game" - the core philosophy that emphasises fair play, sportsmanship, and mutual respect among all participants. Its uniting nature and power was effectively portrayed in the movie "Invictus".

An alarming precedent
These values have ironically come under attack from within during a recent World Rugby disciplinary hearing of Jan Hendrik Wessels who was handed a 9-week suspension on the basis of "probabilities" after a citing in a United Rugby Championship (URC) match. He had to prove his innocence despite a lack of concrete evidence against him and where the word of one player was taken over another. This sets an alarming precedent and contravenes the fundamental principles of fair play and equality that rugby is celebrated for. It also exposes inconsistency and raises questions about bias and discrimination in the disciplinary process as similar cases have been treated differently before.

Presumption of Guilt
The current disciplinary procedures appear to operate on a presumption of guilt, requiring players to demonstrate that an incident did not occur.

  • This is inherently unfair, defying the basic principle of justice that one is innocent until proven guilty
  • This not only affects the players' careers but also tarnishes their, and the sport's reputation globally. With rugby expanding worldwide, it is imperative that all associated processes are equitable and just
  • It also affects the players financially who are deprived of considerable income from match fees and potential loss of sponsorships etc.
  • It also impacts the performance and results of their respective teams as in this case the player will be missing eight games of which four are international matches
  • In addition it also sows division between fans and nationalities and threatens the core aspect of "Union" in Rugby Union
  • Conspiracy theories and accusations of the process used to settle scores and acquire unfair advantage arises
  • Accusations about impartiality are leveled against the officials involved who also suffer unfairly and unnecessarily and sometimes they have to even endure verbal and physical threats

Fairness and Equality
According to World Rugby regulations, player discipline is crucial to ensure safety and uphold the spirit of the game. Nonetheless, these regulations must be implemented fairly, ensuring all players are treated equally regardless of their nationality. Jan Hendrik Wessels' case casts doubt on this integrity, given his punishment was based on probability rather than solid proof and seemed to exclude other factors such as:

  • The fact that a referee who was closest to the event, two assistant referees and a television match official (who recently officiated the Women’s World Cup final) could not find conclusive evidence of the accusation
  • There are several other incidents where players have been exonerated for the lack of video evidence
  • The panel gave significant weight to the accusing player Josh Murphy's account, even though he has a history of disciplinary issues, while Wessels' version of events was deemed less credible. Murphy, retaliated and punched his opponent in the head, which is a severe offence and was penalised with a red-card. This was however totally rescinded so that Murphy is available to play again immediately without consequences.
  • The decision also relied on interpretation with reference made to the player's arm moving "unnaturally" which was taken as proof he probably did something wrong
  • The setup of the citing panel also does not consider impartiality as it included three members of the same nationality
  • The process, all the evidence taken into consideration and how the decision was reached was not treated completely transparently.
  • Despite the immediate and severe consequences of the decision for the players and teams, the fans and all parties involved are expected to except the decision as final and closed until it is perhaps reviewed at some later stage the date of which remains unclear

In the end it amounts to one player’s word against another, which even if it is “probably” true unfortunately can’t be used as justification to reach a decision – and if it is – where do you draw the line? Can all players now act or retaliate and claim innocence or absolution because of what they claim happened?

WE CALL UPON AND URGE WORLD RUGBY:

We the undersigned, loyal fans and supporters call upon World Rugby to urgently and thoroughly investigate their disciplinary mechanisms. We urge them to:

  • Undertake an urgent review of Jan Hendrik Wessels and Josh Murphy' case and sanction
  • Adopt clearer guidelines that protect players' rights and ensure fairness, equality and impartiality in every verdict. Rugby's integrity and future depend on fair processes, and we must take action to safeguard the sport we love from dubious disciplinary practices.
  • This is not an isolated incident and it is clear a robust and transparent review of the disciplinary process is essential to maintaining confidence and trust in the sport's governance
  • Each accusation must be evaluated impartially and based on credible evidence, not assumptions or interpretations
  • Implementing a clear standard of proof will ensure that players do not feel unjustly targeted and that the integrity of rugby is preserved.

We also request the International Rugby Players Association to make their voice heard loudly and clearly on this incident and on behalf of the players they represent.

Please sign this petition and lend your support to demand World Rugby undertake an urgent review of Jan Hendrik Wessels' case and sanction, but more importantly of their disciplinary procedures to ensure fairness, equity, and integrity for players worldwide.

Your support is crucial in protecting rugby players' rights and the principles that rugby stands for and the game that we love.

THE INCIDENT
(The incident occurs at the 51 second mark of the video)

 

 

URC DISCIPLINARY STATEMENTS:
URC Disciplinary Statement
URC Disciplinary statement after Appeal 

MEDIA REACTION:
Daily Maverick: URC’s disciplinary process questioned
planetrugby.com - Exclusive: The images used for Jan-Hendrik Wessels’ controversial ban as panel deems Springbok ‘intentionally’ groped Josh Murphy
TALKING POINT: We are all losers in the way the Wessels case has been handled
sarugbymag.co.za - URC’s most shameful moment as Wessels ban stands
Eggchasers Rugby: JUSTICE OR FARCE??? | WESSELS BAN CONFIRMED? |
Forever Sports: Jan-Hendrik Wessels has appeal DENIED in HUGE blow to Boks
TRAVESTY OFBrenden Nel: JUSTICE: Wessels appeal dismissed, ban reduced by one week

JUDICIAL REFERENCES:
World Rugby - Regulation 20. Disciplinary And Judicial Matters

 

 

 

 

The Decision Makers

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