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Flaws in Burger process
By Jan de Koning
Star Springbok flank Schalk Burger has had his World Cup ban, for a dangerous tackle on Samoan scrum-half Junior Polu, slashed in half - to just two matches.
In a dramatic step the International Rugby Board (IRB) admitted that they had "made an error" in banning Burger for four games.
Burger, who was cited for a dangerous high tackle on the Samoan scrum-half (Polu) in the Boks' 59-7 win in their opening match in Paris at the weekend, would have missed South Africa's remaining group games - against England on Friday, Tonga (September 22) and the United States (September 30), as well as the quarter-final - if the original ban had stood.
However, the South African team management - pointing to the inconsistencies in the entire citing process at the World Cup - appealed against what they termed a 'shocking and incomprehensible' suspension handed down to Burger.
The appeal hearing took place on Thursday and the overly officious judiciary backed down - reducing Burger's ban to just two matches.
In a statement issued by the IRB after Thursday's hearing the appeal committee determined that the judicial officer (JO) had "made an error" in his decision when Burger was banned on Tuesday.
"He was wrong to find that the player was not at any time during the incident intending to win the ball," the IRB statement said.
A relieved Springbok manager Zola Yeye said that the Boks are now looking to move on.
"We are all very relieved," Yeye told this website from Paris, where the appeal hearing took place.
"Schalk [Burger] is very relieved, as it [the original ban] would have meant he could not play in the quart-final.
"This tournament is about playing rugby, not about sitting in tribunals and we are just happy that we can get on with it now," Yeye added.
The IRB said in a statement that Burger had acted "instinctively" during the incident.
"On the basis of the video evidence and the transcript of the initial JO hearing the appeal committee decided that the player was attempting to win the ball for a significant part of the time involved," the IRB statement said.
"However, the committee found that the player ultimately realised that he was not going to catch the ball and instinctively adjusted his approach to tackle the opposing player.
"The committee concluded that the tackle was a dangerous tackle, but noted that the arm of Burger was withdrawn following contact with the opposing player. The committee decided the offence should be categorised as a lower level entry offence rather than a mid range offence."
The appeal committee confirmed that there were no aggravating factors, but considered that the player's previous disciplinary history should be taken into account.
"Therefore the appeal committee decided that the sanction imposed on the player should be two matches instead of four."
This means Burger will be available against when the Boks face the US Eagles in their final pool fixture in Montpellier on September 30.
The flanker has maintained throughout he was contesting the ball in the air when caught Polu across the face with a forearm jolt, as the Samoan number nine jumped to catch a high ball in the first half of the match at the Parc des Princes last Sunday.
Burger was penalised by New Zealand referee Paul Honiss, who deemed that no further sanction was required.
But the incident was picked up by citing commissioner Douglas Hunter and Burger appeared in front of a disciplinary hearing on Tuesday - which lasted more than four hours, before he was slapped with the four-match ban.
The judicial officer (JO), Australian Terry Willis, upheld the citing complaint and determined that Burger breached Law 10.4(e) and committed a dangerous tackle on Polu.
Burger pleaded not guilty, but the Aussie JO determined that Burger executed a reckless and sloppy tackle that was high and dangerous whilst the opposing player was in the air and therefore in a vulnerable position.
However, on Thursday the ban was reduced - to the obvious delight of the Bok team management.
Bok coach Jake White has named Wikus van Heerden as his openside flank for the crucial Pool A match against England in Saint Denis on Friday. Bobby Skinstad has come onto the bench in place of the promoted Van Heerden.
Burger was originally named in the matchday 22.
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