Munster prop Marcus Horan has been cleared of allegations of racial abuse made by the Neath-Swansea/Ospreys following a Heineken European Cup game at the Gnoll on October 31st.
An independent ERC disciplinary committee, comprising chairma Rod McKenzie (SRU), Robert Horner (RFU) and Bruce Reece-Russel (RFU), not only exonerated Horan but went further, suggesting the remark had not been made.
At the same hearing in Dublin, Ospreys' wing Richard Mustoe was found guilty of stamping on Horan - the Irish international required seven stitches in a head wound - and was suspended from all rugby for 12-weeks that will keep him out of the game until February. The player was given the right to appeal.
The Ospreys originally cited Horan for three incidents, but the citing officer, Jon Davis, dismissed two claims when he reviewed the video. Davis then recommended a disciplinary committee be convened and hear evidence with regard to the racist abuse issue and the stamping incident perpetrated by Mustoe.
Clubs have 50 hours from the kick-off time in any match to cite a player and it was only when Munster informed Ospreys they intended to cite Mustoe that the Welsh club responded by claiming in those circumstances they would be pressing ahead with three claims against Horan.
The Ospreys' case centred on allegations made by their Samoan centre Elvis Seveali'i who alleged Horan had abused him racially. Horan and Munster strongly rejected that suggestion and the disciplinary committee emphatically supported that assertion.
Munster team manager Jerry Holland gave evidence at the hearing, while there were depositions from Munster players Jim Williams, Shaun Payne and John Kelly. The Ospreys alleged Williams had heard the remark but video evidence supported the assertion he wasn't present at the incident.
The ERC statement read: "An independent Disciplinary Committee, comprising chairman, Rod McKenzie (SRU), Robert Horner (RFU) and Bruce Reece-Russel (RFU), met in Dublin to hear citing complaints made by Munster against Neath-Swansea Ospreys wing Richard Mustoe and by Neath-Swansea Ospreys against Munster prop Marcus Horan following the Heineken Cup Pool Four round two match at The Gnoll on Sunday, October 31st.
"The Committee found that Richard Mustoe intentionally kicked Marcus Horan and that Mr Mustoe was reckless as to whether the kick landed on the body or the head of Mr Horan. The committee took into account mitigating factors, such as a clean record, the player admitting the infringement and that the incident was by way of retaliation for a previous, but less serious, incident. Mr Mustoe will be suspended from all rugby for 12 weeks starting from today. The player has the right to appeal.
"In the case of Marcus Horan, for an alleged remark made during the match to a player of the opposing team, the committee did not find it established that Mr Horan, or anyone else on the Munster team, had made the remark complained of. Therefore the committee dismissed the citing. Had the committee found the remark had been made, the committee would have regarded it as racist abuse and foul play. The committee went further and held that the alleged remark had not been made."
The final sentence was especially damning in light of the Ospreys' accusations and something in which Munster found solace when considering the outcome of the investigation.
In a statement released after yesterday's outcome, Munster expressed their satisfaction Horan had been cleared of any wrongdoing and that he shouldn't have had to face those allegations or had his name aligned with any racial slurs.
It read: "Munster welcome the findings arrived at today by the ERC disciplinary committee. We were always confident, and stated our belief from the outset, that Marcus Horan had no case to answer in relation to the charges levelled against him by the Neath/Swansea Ospreys.
"That confidence was justified by ERC's decision and we are delighted that Marcus Horan has been fully exonerated. We are particularly pleased that the committee has ruled that in the case of the alleged racial abuse charge, the words were in fact not spoken by Marcus Horan.
"We are extremely disappointed that such a serious allegation which has cast a slur on the good name of Marcus Horan was only raised by Neath/Swansea Ospreys in response to Munster's citing of Richard Mustoe. We believe that the action taken by Neath/Swansea Ospreys has no place in sport."
Meanwhile, Irish Rugby Union Players' Association chief executive and former international Niall Woods called for ERC to change their disciplinary procedures. "The (disciplinary) committee come out and say that the comment wasn't made, but that's a bit late for Marcus Horan. I'm appalled that someone can make these allegations and the name of a player can be sullied.
"ERC can't allow this to happen again. They have to review the way they approach the whole aspect of disciplinary procedures. Marcus Horan is the player who suffered most in the case, or rather his good name. I find it very, very unacceptable."
Horan will be happy the allegations have been rubbished and he can concentrate on Ireland's Test match against South Africa at Lansdowne Road on Saturday. The most worrying aspect of this case was why and how his name was tarnished in the first place.
The IRB Awards will take place on Sunday, November 28th. The nominees have been decided by the judging panel, comprising former internationals Rob Andrew, Jonathan Davies, John Eales (chairman), Fabien Galthié, Gavin Hastings, Michael Jones, Dan Lyle, Federico Mendez, Francois Pienaar and Keith Wood.
Nominees for player of the year included Serge Betsen (France), Schalk Burger (South Africa), Gordon D'Arcy (Ireland), Matt Giteau (Australia) and Marius Joubert (South Africa).
