Media365 newsroom, published on Monday, June 27, 2022 at 11:13 p.m.
Considered guilty of playing an ineligible player, the Spanish team lost its last appeal with World Rugby and therefore will not play in the 2023 World Cup. It is Romania who takes its place in the hen b.
World Rugby Press Release:
“Following an appeal by the Spanish Rugby Federation (FER), an independent court of appeal has upheld the independent court’s initial decision on breaches of players’ eligibility during the regional classification process. at the 2023 Rugby World Cup. On 5 May 2022, an independent judicial commission determined that the Spanish Union had breached World Rugby’s eligibility rules by presenting Gavin van den Berg in two qualifying matches for the 2023 Rugby World Cup. The sanction imposed by the committee included a fine and a points deduction, which prevented the Spanish national team from qualifying for the 2023 Rugby World Cup in France. An independent appeals tribunal consisting of Wang Shao Ing (chairman), Adam Casselden SC and John Langford (former player, Australia) has been convened to examine the Spanish FA’s appeal against the decision and sanction of the court. In accordance with the scope of the appeal procedure, the Spanish trade union had to prove that:
(a) the decision of the Independent Judicial Committee was incorrect;
b) In the interest of justice, that the decision be annulled and / or
c) The sanction imposed was manifestly excessive or incorrect in principle.
As part of its appeal, the Spanish Union tried to introduce new evidence that was not submitted to the Independent Judicial Commission. The independent appeals committee carefully examined the Spanish union’s arguments as to why the new evidence should be admitted, reviewed all new documentary evidence, and decided not to admit it because: determined that the Spanish union did not adequately explain why such evidence was not available after a reasonable investigation prior to the initial hearing ; and in any case, it would not be in the interest of justice to do so after considering all the circumstances, including the consideration that some of the new evidence presented was not only incomplete, but contained allegations against the player and others about the alteration of a photocopy of the national identity document that has been the subject of ongoing investigations by the competent bodies of the corresponding Spanish jurisdiction.
The independent appeals committee reviewed the initial decision of the independent judicial committee based on the evidence before it. After studying the detailed communications of the Spanish Union and World Rugby, the Independent Appeals Committee dismissed the appeal. In accordance with World Rugby regulations, the decision of the Independent Appeals Committee is final and binding, with no other right of appeal. With regard to the qualification for the 2023 Rugby World Cup, the 10-point deduction applied to the European classification table for the 2023 Rugby World Cup by the Independent Judicial Commission is maintained, which means that Romania ranks as Europe 2 in Group B to replace Spain, and Portugal to replace Romania in the Final Qualifying Tournament in November 2022.