At a disciplinary hearing in Cardiff on Monday, Connacht’s Mike McCarthy was cleared of a citing complaint of making contact with the eye or eye area of Glasgow Warriors lock Tom Ryder in a RaboDirect PRO12 match on May 5.
The citing complaint was for an infringement of law 10.4(m): acts contrary to good sportsmanship.
The independent RaboDirect PRO12 disciplinary committee, comprising Robert Williams (chairman), Simon Thomas and Aurwel Morgan (all Wales), heard evidence and submissions from Mike McCarthy and his legal representative, as well as from the RaboDirect PRO12 disciplinary officer.
The disciplinary committee found on the evidence available, and in particular in light of McCarthy’s explanation of what happened in the incident, together with a statement from Tom Ryder, that there had been no contact with the eye or eye area, and that accordingly the citing complaint was not upheld.
While the disciplinary committee found that there had been contact with an area in close proximity to the eye, it applied a test from previous cases as to the meaning of ‘eye area’ and found that McCarthy had not made contact with the ‘eye area’.
McCarthy is therefore free to play. McCarthy and the disciplinary officer each has the right of appeal.