Byrne and Ospreys face misconduct charges

NEWS ROUND-UP:WALES FACE going into their Six Nations opener against England at Twickenham on February 6th without Lee Byrne. The Lions full-back has been charged with misconduct for coming back on to the field during Saturday's Heineken Cup match between Ospreys and Leicester without permission after being treated for a blood injury.

Ospreys were also charged with misconduct by the tournament organisers, European Rugby Cup Ltd, and will appear, with Byrne, before a three-man disciplinary panel in Dublin tomorrow.

Ospreys have not asked for an adjournment even though they are facing Newport Gwent Dragons that evening.

It is the first time a player has been called to account for acting as a 16th man.

The charge was laid against Byrne by ERC’s disciplinary officer, Roger O’Connor, who spent two days collating evidence from both sides and the match officials as well as reviewing the video footage of the 50 seconds Byrne spent on the field.

The list of sanctions available to the panel range from a warning to a suspension, while Ospreys face being reprimanded, fined, made to replay the match or thrown out of the tournament.

They are due to face Biarritz in the April 10th quarter-final in San Sebastian after beating the Tigers 17-12.

Leicester, who have instructed the law firm employed by Manchester United, Brabners Chaffe Street, insist that a financial penalty would not go far enough.

“We are taking a very robust view and feel this is something that should not have happened at this level of the sport,” said the Tigers’ chairman, Peter Tom.

“A fine would not do it as far as we are concerned. The only fair thing is for the game to be replayed.”

Leicester had objected to O’Connor conducting the investigation as he was the match director at the Liberty Stadium, but they got their wish for a disciplinary panel to be convened speedily. By holding the hearing tomorrow, ERC is allowing itself time should the panel’s decision affect Ospreys’ place in the last eight.

The Wales coach, Warren Gatland, has already had his plans for Twickenham disrupted. The national squad is in camp this week and he wanted Byrne to give his evidence by video link, but the player has been ordered to attend the hearing in person.

Leicester maintain that Byrne’s unlawful presence on the field had a bearing on the outcome of the match - which led to the Tigers being dumped out of the Heineken Cup and out of the reckoning for a place in the Amlin Challenge Cup quarter-finals as they finished third in their group - because he forced Ben Youngs to chip when he would have had a clear run into the Ospreys’ 22.

That view is not shared by Ospreys, who said two covering defenders would have stopped Youngs. Another plank of Leicester’s case is that once referee, Alan Lewis, realised Byrne had wrongly returned to the field, he should have awarded the visitors a penalty.

They claim Lewis informed them the reason he did not do so was that Ospreys players told him Leicester also had 16 men on the field. The game has entered uncharted territory.

- Guardian Service