A RUGBY Football Union disciplinary appeal hearing has suspended Callum Jennings of Whitehaven RFC from playing for five years for striking Alan Hedworth of Aspatria RFC in the act of a hand-off.

The independent panel of Dr Matthew Lohn (Chairman), John Brennan and Dr Barry O'Driscoll found Jennings guilty of an intentional act of foul play in a game on October 24, 2009.

Jennings was appealing against a 78-week ban imposed on him by an RFU Disciplinary Hearing on March 16 for making contact with Hedworth’s eye or eye area.

However, after hearing expert medical and rugby law opinion, the charge was amended to one of striking, contrary to Law 10(4)(a). The panel found the act, which caused Hedworth to be blinded in his left eye, to be at the top end of offending*. He can play again on March 17, 2015.

The full judgment will be available within due course. 

After last night’s verdict was announced Whitehaven coach John Gaffney said he was ‘devastated’ by the decision.

“I can’t imagine what Callum must be going through. It really is incomprehendable. Our barrister’s comments were “it’s bizarre” and we just can’t understand where they are coming from in making this decision.

“I’ve been a teacher and rugby coach for many years and there is no way a player would have continued at my club if I had considered the offence to be that serious. It was a tragic accident which unfortunately can happen in a game of rugby.

“The Panel had accepted it wasn’t a case of gouging, which I thought was a very important decision. Evertyone I have spoken to at the club is in total shock.”

 IRB Regulation 17 states that where the player’s actions constitute mid range or top end of offending for any type of offence which had the potential to result and, in fact, did result in serious/gross consequences to the health of the victim, disciplinary committees may impose any period of suspension including a suspension for life.

A 37-year-old second-row forward and a local farmer, Hedworth had moved in to tackle Jennings, who was bearing down on him with the ball. Moments later, he felt a searing pain in his left eyeball.

Hedworth underwent a three-hour operation at the Cumberland Infirmary in Carlisle, but surgeons could not save the sight in his injured eye. Cumbria Police looked into the matter before it was passed on to the Rugby Football Union's disciplinary.

The case was heard on March 16 when it was alleged that Hedworth's injuries were caused by "an unlawful hand-off in that it had been made with an outstretched hand, or extended finger or fingers".

That claim has been keenly disputed, Jennings insisting that he had used the flat of his palm for the hand-off (which is allowed). There was no denying the consequences, as detailed in the report of the hearing.

"He [Hedworth] felt a blow to his left eye and a 'pop'. He became aware of fluid leaking out of his left eye and a searing pain."

The disciplinary panel was told that Hedworth also sustained a 1½ inch cut below his left eyelid that required six to eight stitches. Witnesses spoke of "a gush of liquid. . . flying out from his face. . . which was due to. . . the eyeball bursting".

Jennings's defence is that if he had used his fingers at full pace he would have broken them. Hedworth acknowledges that the player had not intended to blind him, but can not agree it was an accident. The panel concurred, finding Jennings guilty of "recklessness".

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