The Jan-Hendrik Wessels “Nuts Gate” saga refuses to die down, and following the controversial red card shown to Irish captain Tadhg Beirne this weekend, the disciplinary process has once again shown that it has lost any credibility and needs a complete overhaul.
Ireland’s captain Beirne was red carded just three minutes into New Zealand's eventual 26-13 victory over Ireland, after Barrett received a short pass from All Blacks scrum half Cameron Roigard and ran straight into the upright Beirne, his head colliding with Ireland lock's shoulder.
The disciplinary panel's finding of guilty against Jan-Hendrik Wessels was based on the "balance of probabilities," a lower standard of evidence than the "beyond a reasonable doubt" standard used in criminal cases. This means the evidence was judged to make it more likely than not that Wessels committed the foul play.
Recent decisions made by referees on the field and disciplinary panels in the boardroom have made rugby vulnerable to “actors” who exploit the system to gain unfair advantages through penalties and suspensions on and off the field.
It is said that Jan-Hendrik Wessels will lose 1,5 million Rand due to his suspension, and the sooner rugby starts using “beyond a reasonable doubt” as a basis for their decisions, World Rugby can make them ready to defend their decisions in public courts.
The Vodacom Bulls are reportedly considering taking the case to an Irish court to legally challenge the United Rugby Championship's (URC) disciplinary process, which could set a precedent for several “unreasonable” decisions being challenged with cost and damages being awarded to Unions and Players.