Attoub's appeal against ban dismissed

Rugby: David Attoub’s appeal against foul play and a 70-week ban for gouging Ulster’s Stephen Ferris during Stade Français’ …

Rugby:David Attoub's appeal against foul play and a 70-week ban for gouging Ulster's Stephen Ferris during Stade Français' Heineken Cup pool game at Ravenhill in December was dismissed by an Independent Appeal Committee in London.

The appeal hearing took place on Tuesday but the outcome was only revealed today. The committee, chaired by professor Lorne Crerar (Scotland) and included Rod McKenzie (Scotland) and Robert Williams (Wales), found that Attoub had not demonstrated that the original decision had been in error and therefore dismissed the appeal.

Attoub was originally found guilty of foul play in contravention of Law 10.4 (l) in that he made contact with the eye / eye area of Ferris and that the offence was at the top end in the level of seriousness.

Having taken into account any mitigating and aggravating factors the independent Judicial Officer suspended the player for a period of 70 weeks running up to and including April, 22nd 2011.

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Attoub appealed both the finding of foul play and the level of sanction imposed. But failure to have the suspension reduced or annulled means the ban remains the second-most severe to have been handed out for a gouging offence in the professional era, exceeded only by the two-year ban handed to Colomiers prop Richard Nones in 1999 .

The 28-year-old, who had previously served a suspension for gouging in a European match during the 2004-05 season, had pleaded not guilty to the offence although the incident was captured clearly in an image taken by a photographer at the match.

The authenticity of that image was disputed by Stade, but that claim was dismissed by the initial hearing.

Attoub's team-mate Julien Dupuy is currently serving a 23-week ban after he was also found guilty of gouging Ireland international Ferris during Stade's 23-13 defeat at Ravenhill.

The scrumhalf's suspension was initially 24 weeks but it was reduced by one week on appeal.