Rugby: Independent Appeal verdictTrevor Brennan's life ban from playing rugby was reduced on appeal to five years yesterday by an ERC-appointed independent Appeals Committee.
While at first glance this might seem more lenient, in reality a life ban would almost certainly have led to Brennan's legal team going to a court of law, so viewed in that light it is still punitive.
Brennan's legal advisors are studying the committee's decisions and last night the player himself was clearly disappointed with the verdict after receiving written support from thousands of people.
"Rugby was also about friendships, camaraderie and fun, and at this stage in my career I was heading toward the fun phase," said Brennan, who recently had to turn down a chance to play in a Golden Oldies tournament in Bahrain.
"It's not possible for me to play in charity matches, games for ex-internationals and so on, and that's hard to swallow.
"I don't want people to feel sorry for me. What I did was wrong. I accept that. But a life sentence? I did not believe I deserved that. There are lessons here for everybody to learn, and I did not think the ERC/IRB were interested in knowing them."
The 33-year-old, 13-times capped former Ireland international had been found guilty of "misconduct" arising from an incident during Toulouse's Heineken European Cup match against Ulster at Stade Ernest Wallon on January 21st when he punched Ulster spectator Patrick Bamford.
Brennan's legal team argued that any ERC hearing should not be heard pending civil and legal cases arising from the incident, but the French Federation acceded to a request by the International Rugby Board to suspend Brennan pending an ERC hearing in a letter personally signed by chairman Syd Millar.
Brennan and his representatives, solicitor Donal Spring and lawyer Jim O'Callaghan, elected not to attend the original hearing in London on March 16th. The Appeals Committee, chaired by Wyn Williams QC (Wales) and also comprising Robert Horner (England) and Sheriff Bill Dunlop (Scotland) convened in Dublin on June 1st and in their decision yesterday also reduced the life ban on Brennan from participating in ERC tournaments "in any capacity" to five years.
Both bans will commence from June 1st, and means Brennan can play amateur rugby, such as charity matches and golden oldies tournaments, from age 38.
However, the Appeals Committee upheld the original fine of €25,000 imposed and the order to pay €5,000 compensation to Bamford, as well as the costs of convening the disciplinary hearing, which would again appear to be beyond their remit. Put in context, a French tribunal fined Brennan a mere €800 when the maximum was €7,500.
At the appeals hearing, attended by Brennan and his legal team as well as character witnesses such as Jim Glennon, the committee were presented with thousands of letters, emails and petitions, including those signed by Leinster, Munster and Connacht squads, as well as the French Players Union, imploring them not to make Brennan an outcast from the rugby family.
The Committee also declined to hear a submission from Séamus Given, an employment law expert.
It also sends out a rather curious message, as Brennan's crime is deemed more serious than drug-taking or gouging and biting on a rugby pitch: Wendell Sailor, the Australian winger, was suspended for two years last July for testing positive for cocaine; Springbok prop Johann le Roux (19 months) for biting Sean Fitzpatrick's ear in July 1994; Kevin Yates (six months) for biting; Epi Taione (18 weeks) for biting; Nicolas Nones, the Colomiers prop, (two years) for gouging and Dylan Hartley (26 weeks) when found guilty of making contact with the eyes of Johnny O'Connor and James Haskell.
The latter three were all ERC- imposed bans, while Eric Cantona's nine-month suspension for kicking a supporter pales by comparison. You wonder, too, what message this sends to supporters.
"To think that this committee think that what I did was worse than cheating or biting someone's ear, or push referees or all the other crimes that have been committed in rugby, is also difficult to swallow," commented Brennan.
"And now five years is effectively the same as a life ban for me. My biggest regret, however, would be that my name would be remembered just for that incident and 'Trevor Brennan - Life Ban'.
"I believe I have given rugby more than that. I believe myself that I'm an ordinary decent human being who deserves more understanding than that."
While admitting it was "a very difficult time for me and my family, and one I do not want to repeat," Brennan revealed the support he received was immense. "Because there has been so much, I only ever got to thank those people I had addresses, email or contact numbers for. To all those who I have not thanked for taking the time out in their day to write to me, each of you helped carry me through a difficult time.
"I'd like to especially thank family and friends, my legal team of Donal Spring and Jim O'Callaghan, and those such as Jack Loubey and Jim Glennon who gave their time to speak as character witnesses for me; Stade Toulouse; Guy Noves, the club president Rene Buscutel; the French Rugby Federation; the French Players' Union; and the Irish Players' Union. Thank you all for your support. Merci."
Brennan intends remaining in France for the time being. "I am going to get involved in coaching here at a lower level. The club are also keen on keeping me on board in some way."
Brennan has been signed up by TV3 for the World Cup as well as for pre and after-match speaking.
In addition to running his bar de Danu, he is also setting up an agency with another retiring Toulouse player, Yannick Bru, selling French property on the Irish market.
