Gloucester hooker Olivier Azam has paid the price for a poor disciplinary record after failing in his appeal against a 12-week ban for kicking England captain Steve Borthwick.
Azam was technically successful in arguing that the offence, for which he pleaded guilty last week, was mid-range in its severity and therefore only deserved a punishment of eight weeks.
But the Rugby Football Union's appeals panel on Tuesday night upheld the original 12-week suspension after taking Azam's track record into account.
The former France international had only just returned from a nine-week ban for eye-gouging when he clashed with Borthwick in Gloucester's Guinness Premiership defeat at Saracens on September 27.
The original disciplinary panel concluded Azam was guilty of a top-end offence worthy of a 16-week ban but reduced to 12 weeks after taking mitigating circumstances into account.
Tonight's appeals panel accepted Azam only deserved eight weeks for the kick - but then added on six weeks for his previous record, taking the total to 14 weeks.
Azam then had two weeks knocked off in recognition of his guilty plea and other mitigating factors - meaning he remains banned for 12 weeks.
As a result, Azam is unavailable for Gloucester until their first Guinness Premiership fixture of 2010, against Worcester on January 2.
He will miss Gloucester's next three Heineken Cup matches, six Premiership games, two Anglo-Welsh Cup ties and the club's marquee friendly against Australia on November 3.
Borthwick will make his return to action on Thursday night in Saracens' Amlin Challenge Cup trip to Toulon after recovering from "extreme swelling" of his right eye.
After the incident, Borthwick was admitted overnight into the specialist Moorfields Eye Hospital for observation after initially fearing for his sight altogether before being cleared of any major damage.
"It was a nervous time. The eye swelled shut immediately so I couldn't see anything and it had taken a bang so it was numb and I couldn't feel anything. I was very alarmed by it," Borthwick said yesterday.
The RFU disciplinary panel, chaired by Ian Mill QC and featuring Philip Evans and David Hurst, issued a statement explaining why the ban should remain the same, despite Azam's successful appeal against the severity of the offence.
The statement read: "Gloucester Rugby was successful with its appeal in arguing that the offence was best categorised at the mid-range entry point of eight weeks rather than top end of 12-plus weeks on the scale of seriousness.
"However, the panel decided that the sanction should stay the same (because) six weeks should be added to the eight weeks for his previous disciplinary record, bringing the total to 14 weeks.
"Two weeks should be deducted for the player's guilty plea and other mitigating factors. Azam is therefore still suspended until December 28. He can play again on December 29."
