Wallaby Reece Hodge could explore legal action over ban
A leading Australian sports lawyer says Reece Hodge could take his RWC case to the courts if he loses an appeal as Pool D heavyweights Wales sink the boot into the banned Wallaby.
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If the Wallabies were hoping for some support from their Welsh brethren over Reece Hodge’s farcical three match suspension then they were sadly mistaken.
While some of the biggest names in the sport, including Wales legend Jonathan Davies and England’s World Cup winning coach Clive Woodward have slammed the decision to ban Hodge, members of the current Wales team reckon the Wallaby winger got what he deserved.
“Looking at that, it probably was the right decision. It probably was a red card offence,” Welsh lock Jake Ball said.
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“You can’t get away with it now, no arms and any contact with the head. That’s the way things are going to go. As a player, all you can do is try and avoid that situation.”
Wales assistant coach was a little more sympathetic but said all the players know the rules about tackling with no arms so had to take extra precautions.
“They’re aware of the sanctions and the protocols to reach the decisions, it’s a tough one isn’t it?,” he said.
“Things happen in a split second, the aggressive nature, the collision dominance that is spoken about both in attack and defence, it just means you’ve really got to be bang on the money.”
Hodge is still deciding whether he will appeal the decision and has until Friday night to make that call, leaving him with precious little time to play in Sunday’s Pool D clash with Wales even if he was cleared.
The big concern for Hodge is whether he can get back into the side, which is trying to build combinations so unlikely to be tinkered with much when announced on Friday.
His position is one of the most competitive in the squad with Dane Haylett-Petty, his likely substitute, pressing hard for a starting spot after making a big impression when he came on against Fiji.
It would be a cruel twist for Hodge if he was unable to regain his place in the starting side when he is available for selection in the quarter-finals, and raises questions about what rights players have when they miss out on once in a lifetime opportunities and feel they have been treated unfairly by the Independent Disciplinary Committee (IDC).
Plenty of other players at the World Cup have escaped punishment for tackles that appear far worse that Hodge’s clumsy trysaver on Fijian flanker Peceli Yato, leading to cries of double standards and leaving open the possibility, albeit unlikely, of legal action.
Tim Fuller, one of Australia’s leading sports lawyers, told The Daily Telegraph: “The claims that the IDC has now set a precedent with this decision are not correct.
“The IDC (like most sporting tribunals) consider each matter on its merits — and is not bound by a previous decision handed down. For example, an identical incident to the Reece Hodge incident could happen tomorrow — and the player could be sanctioned one game.”
Fuller said Hodge could take the matter further if he appeals and loses because the World Cup disciplinary process doesn’t include any provisions that their decisions and final and binding.
“If the aggrieved player had concerns that the RWC disciplinary process was conducted with, for example, a lack of evidence or was not conducted in accordance with principles of natural justice, it is possible that a player could seek recourse to the courts of law,” Fuller said.
“It does raise a fascinating question as to how far a player would/could go.”
Originally published as Wallaby Reece Hodge could explore legal action over ban