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Why Erasmus and SA Rugby lost bid to have hearing broadcast live

(Photo by David Rogers/Getty Images).

Springboks boss Rassie Erasmus and SA Rugby wanted their recent misconduct hearing broadcast live to the general public but their request was contested by World Rugby and it was ultimately decided by the independent judicial committee to keep the proceedings private as they happened. The 80-page written judgement since published on foot of the hearing’s verdict is full of compelling vignettes about the case, from how the whole saga unfolded following the first Lions versus Springboks Test match on July 24 through to the ins and out of what happened at the hearing which took place over three days in October and one in November. 

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It all resulted in Springboks director Erasmus getting banned from all rugby for two months and banned 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. Both parties are exercising their right to appeal. 

Whatever the outcome of that appeal, this is a case that has piqued the interest of rugby fans from around the world and knowing it would be so high profile, Erasmus and SA Rugby had wanted the proceedings to be conducted live in public and had made applications in writing to the judicial committee. These applications were resisted by World Rugby, while there was also an application from a television production company to broadcast the hearing.   

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Bryan Habana guests on RugbyPass Offload

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Bryan Habana guests on RugbyPass Offload

In the end, the judicial committee decided the hearing would not be broadcast live – even though they would be recorded – and the written judgment set out at length the reasons for drawing that conclusion.  

“There are differences between the public being interested, the public interest and the interests of justice. The starting point is that hearings of this nature ordinarily will take place in private. Nothing we have read or heard has shifted that presumption,” wrote the judicial committee on page twelve of its 80-page judgment.

“We also had regard to the interests of the witnesses, and in particular Nic Berry who has already been the subject of what we conclude to have been a great deal of unfair and unwanted public criticism (and worse) following the publication of the Erasmus video. We were also concerned to ensure these proceedings did not develop into a spectacle detracting from the true issues we had to resolve. 

“We disagree with the submission that in this case, public proceedings would afford the parties protection which privacy does not. Rassie Erasmus and SA Rugby are represented by senior and experienced lawyers. The judicial committee is comprised of the same and each member is independent of World Rugby. 

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“Due process and fairness were observed at all stages. Public scrutiny would have no effect at all on the fairness of these proceedings nor oblige witnesses to be more truthful than they might otherwise be.

“We understand the importance of public scrutiny. However, while the proceedings are private, they are not secret. The public will be informed by published decisions that record the significant aspects of the case, the relevant evidence, our factual findings and the reasons for them. A fully detailed factual chronology is attached to and is a part of this decision. It contains some 98 individual entries covering a period from July 14 to August 3.”

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Oh no, not him again? 2 hours ago
England internationals disagree on final play execution vs All Blacks

Okay, so we blew it big time on Saturday. So rather than repeating what most people have all ready said, what do I want to see from Borthwick going forward?


Let's keep Marcus Smith on the pitch if he's fit and playing well. I was really pleased with his goal kicking. It used to be his weakness. I feel sympathy for George Ford who hadn't kicked all match and then had a kick to win the game. You hear pundits and commentators commend kickers who have come off the bench and pulled that off. Its not easy. If Steve B continues to substitute players with no clear reason then he is going to get criticised.


On paper I thought England would beat NZ if they played to their potential and didn't show NZ too much respect. Okay, the off the ball tackles certainly stopped England scoring tries, but I would have liked to see more smashing over gainlines and less kicking for position. Yes, I also know it's the Springbok endorsed world cup double winning formula but the Kiwi defence isn't the Bok defence, is it. If you have the power to put Smith on the front foot then why muzzle him? I guess what I'm saying is back, yourself. Why give the momentum to a team like NZ? Why feed the beast? Don't give the ball to NZ. Well d'uh.


Our scrum is a long term weakness. If you are going to play Itoje then he needs an ogre next door and a decent front row. Where is our third world class lock? Where are are realible front row bench replacements? The England scrum has been flakey for a while now. It blows hot and cold. Our front five bench is not world class.


On the positive side I love our starting backrow right now. I'd like to see them stick together through to the next world cup.


Anyway, there is always another Saturday.

7 Go to comments
C
CO 2 hours ago
Scott Robertson responds to criticism over All Blacks' handling errors

Robertson is more a manager of coaches than a coach so it comes down to intent of outcomes at a high level. I like his intent, I like the fact his Allblacks are really driving the outcomes however as he's pointed out the high error rates are not test level and their control of the game is driving both wins and losses. England didn't have to play a lot of rugby, they made far fewer mistakes and were extremely unlucky not to win.


In fact the English team were very early in their season and should've been comfortably beaten by an Allblacks team that had played multiple tests together.


Razor has himself recognised that to be the best they'll have to sort out the crisis levels of mistakes that have really increased since the first two tests against England.


Early tackles were a classic example of hyper enthusiasm to not give an inch, that passion that Razor has achieved is going to be formidable once the unforced errors are eliminated.


That's his secret, he's already rebuilt the passion and that's the most important aspect, its inevitable that he'll now eradicate the unforced errors. When that happens a fellow tier one nation is going to get thrashed. I don't think it will be until 2025 though.


The Allblacks will lose both tests against Ireland and France if they play high error rates rugby like they did against England.


To get the unforced errors under control he's going to be needing to handover the number eight role to Sititi and reset expectations of what loose forwards do. Establish a clear distinction with a large, swarthy lineout jumper at six that is a feared runner and dominant tackler and a turnover specialist at seven that is abrasive in contact. He'll then need to build depth behind the three starters and ruthlessly select for that group to be peaking in 2027 in hit Australian conditions on firm, dry grounds.


It's going to help him that Savea is shifting to the worst super rugby franchise where he's going to struggle behind a beaten pack every week.


The under performing loose forward trio is the key driver of the high error rates and unacceptable turn overs due to awol link work. Sititi is looking like he's superman compared to his openside and eight.


At this late stage in the season they shouldn't be operating with just the one outstanding loose forward out of four selected for the English test. That's an abject failure but I think Robertson's sacrificing link quality on purpose to build passion amongst the junior Allblacks as they see the reverential treatment the old warhorses are receiving for their long term hard graft.


It's unfortunately losing test matches and making what should be comfortable wins into nail biters but it's early in the world cup cycle so perhaps it's a sacrifice worth making.


However if this was F1 then Sam Cane would be Riccardo and Ardie would be heading into Perez territory so the loose forwards desperately need revitalisation through a rebuild over the next season to complement the formidable tight five.

28 Go to comments
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TRENDING Marcus Smith on that substitution and his England plea Marcus Smith on that substitution and his England plea
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