Owen Farrell’s four-week ban shows rugby’s judicial system isn’t fit for purpose and needs reforming

Clearing Owen Farrell for the start of the Six Nations would be a fair result, as he did not commit an egregious offense, but the disciplinary process is a farce in the extreme.

Rugby does not help itself in these situations. There has been an immediate outpouring of ridicule regarding the verdict against Farrell, and that’s no surprise. The oval ball court system is not fit for purpose and currently requires a legal PHD to understand all the convoluted mess it has become.

First things first, the incident itself. Farrell was deemed to have been reckless but the panel found there was no intent to harm Gloucester’s Jack Clement last Friday. They were right on this last point, and they were right to call the actions of the Saracen captain reckless. He was slightly too high when he dove into the collision and caught his opponent’s chin instead of the chest.

The judicial decision to sanction Owen Farrell for four weeks is not adequate and needs reform

Saracens’ number 10 has been suspended following this tall tackle on Gloucester’s Jack Clement

There must be a strict line on head contact and you can’t argue with that priority approach to the sport, but there must also be common sense. In this case, the panel’s justification, as they considered the incident, is quite strong, although the part of the judgment where they claim there was no “match effect” will cause a stir in the West Country. Gloucester were beaten by a Farrell goal in stoppage time at Kingsholm.

By then, he should have been off the pitch, but having been present at the game, this observer’s opinion is that a yellow card would have sufficed. Referee Karl Dickson failed to take appropriate action at the time and that should be a subject for further damning behind-the-scenes review.

When it comes to considering punishment, it is difficult to assess because it still requires clarification. Farrell’s suspension began at six weeks, in the midrange category, and that was just fine, since he made head contact. But the system of removing weeks for good conduct, admission of guilt and positive references should be abandoned because it is an outdated relic of the amateur era, making the sport look ridiculous.

The fly half was not penalized during the match between Saracens and Gloucester on 6 January.

It is necessary to abandon the system of reducing weeks for good conduct and admission of guilt

So the suspension was reduced to four weeks and another week will be removed if Farrell completes what amounts to a tackle awareness course. Still, that should be added along with any sanction, not offered as meaning to water it down.

But the real charade is in the decision on what constitutes a relevant party, to be included in the suspension. Farrell would have played in Saracens next two Champions League games, but there is no way he would have been involved in the Premiership game against Bristol at StoneX Stadium on January 28, a week before the Cup clash. Calcutta with Scotland at Twickenham.

The panel ruled that they could not assume Farrell would be included in the England squad to be named by new head coach Steve Borthwick next Monday. Of course he would have been, although it is understandable that a legal proceeding would not allow such an assumption. So now, Borthwick may have to cut him out of the training squad so that he is deemed to have served his suspension, including the Bristol game, in time for the first game of the Six Nations.

This, in turn, will disrupt the new Red Rose management team’s preparations for the first game of the year and of the post-Eddie Jones era. But they’ll need Farrell at their disposal, since Marcus Smith has been out of action for a month and a half, and George Ford hasn’t played since June. Farrell is the 10th English form in the country by some distance.

England’s rivals will rage with a stitch, to ensure Borthwick has a key man at his disposal, but that is a false argument. Farrell’s likely availability to play Scotland should not be seen as an outrage, but the process that led to that result is a joke and in need of reform.

The ban now means Farrell may be available for England’s first Six Nations match, much to the anger of rivals.