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'Vilified': Compelling Berry testimony on damaging Erasmus attack

(Photo by Steve Haag/PA Images via Getty Images)

The 80-page full written judgment in the Rassie Erasmus misconduct hearing has laid bare the emotional turmoil which the criticisms by the Springboks director of rugby caused to Test referee Nic Berry. It was last July when the Australian official found himself in the crosshairs following his refereeing of the first match in the three-game series between South Africa and the British and Irish Lions.

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Defeat for the Springboks in the series opener in Cape Town ultimately resulted in the publication of a 62-minute video by Erasmus containing criticism of 38 different refereeing decisions from the match that Berry had taken charge of.

This video eventually resulted in Wednesday’s misconduct hearing verdict banning Erasmus from all rugby for two months and banning him from any involvement on a matchday until September 30 next year. SA Rugby must also pay a fine of £20,000, while Erasmus and SA Rugby must also apologise for their actions. 

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      Less than an hour after the verdict was circulated via World Rugby, a statement was issued by SA Rugby and Erasmus stating “they will exercise their rights to appeal the verdicts“.

      In the meantime, the written judgment accompanying the findings of the committee chaired by the independent Christopher Quinlan, together with Nigel Hampton and Judge Mike Mika (both New Zealand), have made for compelling reading as it gives a gripping insight into the dramatic fallout in the week following the Lions’ 22-17 win. 

      It included the answers from Berry to Erasmus in response to all the clips that were included in the controversial video as well as reams of email and WhatsApp correspondence between a whole host of people following on from the July 24 match in Cape Town which resulted in misconduct charges being filed by World Rugby against Erasmus and SA Rugby on August 2.

      Especially compelling in the written verdict was the section dedicated to the impact the case took on referee Berry, who was last Sunday in charge of the Wales versus Fiji Autumn Nations Series match in Cardiff. 

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      Starting on page 43 of the judgment, the judicial committee wrote: “There is a human element to this case which we have been concerned not to lose sight of. While Rassie Erasmus and SA Rugby concentrated their attention on the treatment of Siya Kolisi, it is Nic Berry who was vilified in the Erasmus video. 

      “We had over an hour to observe and to listen to Nic Berry, as his account was tested and challenged before us. We had no hesitation in accepting his evidence. It was measured and he made concessions where appropriate. He had no motive to lie, exaggerate or mislead. We were impressed by the quiet dignity, humility, and restraint he showed during his evidence. 

      “We also accept without reservation that what he endured because of the publication of the Erasmus video has had a profound effect upon him.”

      The judgment then went on to relay Berry’s own description of the impact the whole ordeal had on him. “Needless to say, the whole situation has been an extremely difficult time for my family and me,” the Australian told the hearing.

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      “As a match official, I understand that our performances will be heavily scrutinised, especially in such a prestigious tournament. However, the public attack on my integrity and character is not something that should be tolerated in any workplace. 

      “…I considered officiating in a Lions tour comparable with that in a World Cup. The appointment is an honour which few achieve. However, due to the actions of Mr Erasmus, my family and I have endured a significant amount of distress and we will only have negative memories of the whole experience. 

      “I feel that Mr Erasmus engaged in a character assassination of me on social media. I have spent many years trying to build my reputation as an international referee and in the course of his video which was posted online, Mr Erasmus has caused it immeasurable damage. 

      “Though a small proportion of the rugby community will follow the outcome of this matter, and in the process obtain an accurate account of what really occurred, the wider rugby community will only be aware of me in the context of this incident. I feel that regardless of the outcome and any sanctions imposed, my reputation as a referee and person will forever be tarnished. 

      “Throughout Mr Erasmus’ video, he makes unsubstantiated claims about the incidents that occurred in the 72 hours after the first Test match which I refereed. Throughout this whole ordeal, I have maintained my professionalism despite being the target of an unprecedented personal attack played out in the media. The evidence attached is an accurate and detailed account of what really happened and should assist World Rugby in their judicial hearing into the matter. 

      “I felt that Mr Erasmus’ video brought into question my professionalism and my integrity as a match official and that there was an inference to be drawn that I was in some way cheating as an official, which is obviously completely untrue.

      “My reputation throughout the rugby community has suffered immeasurably from his actions and I acknowledge that the impending investigation will likely lead to more public scrutiny and unwanted media attention. 

      “However, his actions are against everything our game stands for and I feel it is important to take a stand against such behaviour. I sincerely hope that the outcome of the independent judicial hearing will set a precedent to discourage similar behaviour in the future so that no person has to experience what I have these past few weeks.” 

      Reacting to that testimony, the judicial committee said: “No further words from us are necessary. That is the human cost of Rassie Erasmus’ conduct. It is that cost which he and SA Rugby have yet to acknowledge.”

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      Comments

      8 Comments
      A
      Andrew 1276 days ago

      What Erasmus did was wrong and goes against everything the game stands for. However, as an Englishman, we have had to put up with appalling refereeing standards from the Southern hemisphere for decades. If this sorry affair will, at last, force World Rugby to address the immense shortfall in standards and ability of refereeing between the southern hemisphere, especially South Africa, and their Northern Hemisphere counterparts it will be a good thing.

      P
      Peter 1276 days ago

      He's visited a coach for all the catchphrases of Millenialist

      victimology...I thought Aussies did not like cringe? He's just proved with his tedious "poor little me" that really, he does not want to address the reality that he does not know offside from his backside, for example. Or side entry.

      R
      Rugger 1277 days ago

      So Nick Berry's feelings as 'Victim' & Rassie as 'perp', no mention of Kolisis's 2nd rate status to the 'must be' revered AWJ? Surprised & lucky racist conduct wasn't thrown at Berry, the little daffodil. Stop being a bent, biased rude K*nt to the Home teams, Black RWC winning captain, whilst conferring with AWJ, don't do 8 sec advantages to 1 team & 24 sec's to another. Fuck this manchild & his 'trauma'. You don't accidentally do those things in a Bok home stadium even w/o fans & not know what you are doing.

      R
      Rugbydaft 1277 days ago

      This is a stitch up job, the report is very lob sided and gives the view and impact of one party in the case, Berry. The video was embarrassing to watch due to the nature it was delivered and im a die hard bok and rassie fan. However the report does not stipulate where the video leak came from(its easy to get this surely), their case from what i can see was built around Rassie allegedly threating to release the video rather than actually releasing the video. There is alot of conjecture in this ruling and given SA rugby and Rassie are appealing this i feel there is more to come. If WR were looking for this case to be closed, saving face and moving on they handled it in the worst way. Vilifying Rassie and SA rugby the way they have 3 days before the biggest test of the year by what was a non independent panel behind close doors further provides credence to the notion its time for a change at the top. This was all started by WR when they chose a south african TMO to govern decisions in the biggest series outside a world cup

      d
      dan 1276 days ago

      You raise some interesting points.


      1 Rassie might not be responsible for leaking the video...Really?

      Do you have a job? I'm guessing you do. Would you be held responsible for the leak of confidential company information that you had widely shared on a non-password protected file (one that you had created with the express purpose of threatening another person with its publication)?

      Of course you would. And so would anybody who is paid more than the minimum wage...let alone a person in a senior leadership position.


      2 It's easy to identify the source of the leak.


      Where have you been living? I could leak a file tomorrow, with a fake account, from an untraceable address. But this is irrelevant, the true source is the person who initially shared it in A NON-PASSWORD PROTECTED file! Let me run that past you again just to make sure you've got it...it wasn't password protected. I don't send ANY pdf or video file at work that isn't locked, unless I'm happy for it to be public. Don't tell me that Rassie is that careless with his coaching notes.


      3 The England game is the biggest test of the year. I don't think you really believe this. Remember the rugby championship? Surely, a game that decided the outcome of that trophy is more important than a stand alone Autumn international. So, why are you making this out to be significant? It smacks of disingenuousness. (is that a word?)


      4 WR should be interesting in saving face. The only person here who should feel the need to hide their face in shame is Erasmus.


      There is a word in English called "snide". It means underhand and unpleasant. It describes the kind of person who conducts character assassination by making insinuations from the shadows, in the expectation that this poison will be spread by others. Thereby, giving the backstabber plausible deniability. For example, insinuating that someone is a cheat and a racist in a "private" video that has been created in such a way as to virtually guarantee its publication.


      It also describes the character of a person who casts aspersions and accusations, that they know to be false, whilst feigning some kind of moral outrage.

      For example, calling out Mako Vunipola for man-handling an injured player and stressing how dangerous this is and that he is setting a shameful example for younger players...when all the time he knows that Kolbe was faking.


      You say you are a die-hard Bok's fan...good for you...but you know that Kolbe was faking, you know that Erasmus IS responsible for the leak, even if he didn't physically click send to whatever public platform it came out on. And you know that this weekend's game is NOT the biggest game of the year.


      I think you also have a sneaking suspicion that Dyantyi wasn't supervising his own doping programme and that someone with a win-at-all-costs mentality at the top of SA rugby is behind it. After all, an organised doping programme would certainly explain the dramatic improvement in physical performance of the Boks. Maybe one of the other coaches will make a non-password protected video about it. (sorry that's me being snide now ;)

      A
      Arthos 1277 days ago

      What about the impact of Siya's experience and feelings.. totally disregarded.. World Rugby have a very one sided view of themselves

      i
      isaac 1277 days ago

      If there is a grievance pending against a ref...they shud be stood down..very shouldn't have refereed fiji v wales

      S
      Shaune 1277 days ago

      I see Berry did well in the Fiji wales game. He should be fired he is below world standards and should focus on club rugby in Aus. Refs needs to be accountable

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