Player's jailing shows it is one law for amateurs, another for the pros
By Bath Chronicle | Thursday, March 08, 2012, 11:00
You don't have to be Hercule Poirot to conclude that there appears to be one law for professional rugby and another for the amateur game when it comes to the punishments handed down for on-pitch violence.
The jailing of Keynsham number eight Jack Weston for six months is a case that brings into sharp relief what, to my mind, is a disgusting disparity between the professional and amateur games in this country.
Weston was put behind bars for throwing two punches at an opponent during a 'hotly contested' derby with Oldfield Old Boys.
Back in May, a rather better known player by the name of Manu Tuilagi threw three punches at an opponent in another hotly contested derby, this time in the East Midlands, between Leicester and Northampton.
Weston is now sitting in a prison cell. Tuilagi? Well, less than a month after letting rip with his barrage of punches in front of the TV cameras, he was named the Premiership's Young Player of the Season. He then went on to play for England in the World Cup.
The only slap on the wrist for Tuilagi was a nominal five-week ban – I say nominal because the regular league season was over.
He was also ordered to pay £500 in costs – pretty small change for an international star.
In evidence given against Weston – who pleaded guilty to GBH – his victim, Oldfield's Ben Staunton, said the impact of the second punch he had received had been "ten out of ten".
Those who have seen footage of Tuilagi's final effort on Chris Ashton could quite reasonably give it the same rating.
Ashton needed treatment to his cut and bruised face; Staunton's jaw was broken.
The RFU's disciplinary officer, Judge Jeff Blackett, so often a voice of reason, made the following observation after the hearing into Tuilagi's behaviour. It was an observation that raised eyebrows at the time but, in the context of Weston's case, it raises as many questions as it does eyebrows.
"This sort of incident is very damaging to the image of the game and there is no place for this type of offending on the rugby pitch," wrote Blackett.
"Had it occurred in the high street an offender would have been prosecuted in the criminal courts. Nevertheless we are confident that Manu Tuilagi will learn a valuable lesson from this."
Had it occurred in the high street.... Is the inference from this that professional players enjoy immunity from prosecution for their on-field violence? Because if that is the case, then it is certainly not the case for the amateur game, as Weston's case has shown.
Jack Weston's unacceptable behaviour did not occur on the high street, it occurred on the rugby pitch – and he had the book thrown at him.
Manu Tuilagi's unacceptable behaviour also occurred on the rugby pitch – in front of a massive TV audience – and the CPS sat on its hands.
Almost laughably in the context of Blackett's remarks, the judge in Weston's case, Judge Carol Hagen, jailed him because of the bad example he had set.
"It is important everyone realises the consequences of the behaviour you engaged in on that November afternoon," she told him before sending him down.
If lessons about consequences are to be learned, then Judge Hagen's logic would lead us to the conclusion that Tuilagi should have been jailed too. After all, he was playing in a match watched by hundreds of thousands, if not millions, of people on television. He is the one idolised by kids.
I don't condone Jack Weston's actions, not one bit – thuggery in all its guises does not belong in the game – but the inconsistency across the different levels of the game stinks.
Once he is out of prison, Weston will face a Somerset RFU disciplinary hearing. That, surely, will be an ideal occasion for everyone in rugby to think long and hard about this frankly appalling disparity.
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Comments
Bradshaw - what does a huge picture of you posing with your arms crossed have to do with this article?
By JohnnoW at 07:15 on 11/03/12
ReportIt's shocking that there is any debate about this at all. Those who commit GBH should be imprisoned - FULL STOP.
How anyone can criticise an individual who seeks legal redress against someone who has broken their jaw is beyond me - isn't that kind of what the law is there for?
By 1MVBR at 12:43 on 09/03/12
ReportIt is very disturbing to read the thinly veiled insults being directed at Ben Staunton both on this page and the other reporting the court case. It's bad enough that the reputation of the game has been sullied by one foolish player, do we now have to put up with 'handbags-at-dawn' too?
By city_ferret at 21:02 on 08/03/12
ReportIt is true that Chris Ashton opted not to bring legal action against Tuilagi, and if he didn't I question why Staunton felt it appropriate?
However if Ben Staunton is working as a Teacher he should be entitled to an excellent 'sick pay' support package. Teaching Assistants, however, may be entitled to a less beneficial arrangement.
Violence of this nature certainly has no place in sport. But the fact that Weston's actions broke the laws of the game demonstrate that these actions are not welcomed or permitted. This is exactly what the RFU disciplinary board were established to deal with.
The degree of the injury should not be a consideration either. Staunton's jaw fractured where Ashton's may have held together - but if the actions of the offenders are judged to be identical it follows that so should the punishments. In this, and many other respects, the amateur game looks to the professional version for leadership.
There are also wider issues at hand. Rugby cannot be viewed in isolation. Roy Keane's leg breaking, career ending tackle on Alf Ingerhaaland needs to be subjected to the same scrutiny. Many have implied it was a premeditated act of hostile aggression, the victim's career was ended instantly. If we are going to imprision those who have injured others, outside the laws of the game but within the confines of a sporting contest we will need to be opening the history books and prosecuting everyone fairly and equally - You might even describe that as 'justice'.
But realistically are we going to see Tyson in the dock for chewing Holyfield's ear? Are we going to see Keane pleading 'not guilty' to an offence witnessed by thousands? Are we going to see Tuilagi sent down for his attack on Ashton?
Of course we won't! And why? Because in each case the assaulted would need to be inclined to press criminal charges (none have been inclined to do so) and all cases would have to be brought in front of Judge Hagen or dismissed instantly. It is just remarkably unfortunate and sad that Mr Staunton considered this to be an appropriate retaliation and that Mr Weston was brought in front of this particular Judge.
Change those two factors and Mr Westons is at home devastated to be looking at a 12 month ban from the sport. In my view clearly enough of a 'shock to the system' to cause him to consider his actions more carefully in future.
By MattGK at 18:06 on 08/03/12
ReportI read with interest your comments in the paper today, although I see your point, it does also appear your sitting on the fence and also missing some very relevant points.
The Tuilagi incident is different as the assaulted player didn't bring legal action against the player as in the case with this thug Weston.
You also have to consider the player receiving the blows from Tuilagi didn't get his jaw broken and more than likely was on a very decent wage with the best medical facilities, not a teacher at a school who relies on his income that is taken away for a short time because of this Weston animal.
The fact remains that there is no place for this in Rugby or any sport (exception Boxing), yes it's a contact sport and punches do get thrown, but look at the context, someone running 20 + yards to punch a guy twice in a situation he wasn't involved in is unacceptable and then to go on a brag about it well, this guy should feel fortunate he's not doing longer behind bars.
Rugby field, High Street, nightclub, doesn't matter, Weston had one thing in mind, to physically attack and injure hi opponent in a siruation he was not involved in, if the other guy was no laying in a coma or worse would we be even debating this.
By towib at 15:14 on 08/03/12
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