The NRL judiciary has warned that any player found guilty of biting faces a substantial suspension after Kyle Flanagan was banned until the finals if the Dragons qualify.
A defiant Flanagan insisted during and after a hearing lasting more than two hours that he did not bite Canterbury captain Stephen Crichton, but panel members Greg McCallum and Henry Perenera took just 15 minutes to find him guilty.
The decision on penalty was also unanimous, with judiciary chairman, The Honourable Geoffrey Bellew SC, stating in his summation of the hearing that the panel took into account that the bite by Flanagan was momentary.
The panel also agreed that Flanagan had a credit worthy judiciary record and there was no need for any penalty to take into account considerations of personal deterrence as it was considered unlikely that he would bite a rival player again.
“However, the panel wished to make it clear that biting is a most serious offence and must be treated as such in terms of penalty,” Bellew said.
“In particular, the panel took the view that it was necessary to send a clear message to those playing the game that conduct of this kind will not be tolerated and, if proved, will inevitably result in a substantial suspension.”
Flanagan told media after his four-match suspension was handed down that he had received a fair hearing but the St George Illawarra five-eighth insisted he did not bite Crichton.
“I’m disappointed with the result, but my focus turns now to the Dragons and how I can help them over the next couple of weeks,” he said.
“I didn’t bite Stephen Crichton. But I thank them for a fair hearing and my focus is on the Dragons for the next four weeks.”
Crichton did not testify but the video evidence and four still photos supplied by the Bulldogs that showed cuts on his nose was enough to convince the panel of Flanagan’s guilt.
Stephen Crichton shows concern over his bloodied nose during the Round 23 Bulldogs-Dragons match in which he alleged he was bitten by Kyle Flanagan.
Asked if he was disappointed that Crichton did not give evidence, Flanagan said: “I’m not too sure, I’ll leave that up to the club to decide. It’s pretty fresh, coming straight out of it now. My focus is helping the team in the next couple of weeks.”
Bellew said that in light of the manner in which the case was conducted, the panel was required to be satisfied whether:
there was a bite in the sense of an intentional clamping down of the jaw; and if so;
was that an intentional act on the part of Flanagan.
“The panel did not accept that the player’s actions were limited to, as he had submitted, ‘a partial closing of the mouth’,” Bellew stated.
“The panel were satisfied on the evidence, particularly Angle 6 of the footage, that the player’s mouth was fully closed around player Crichton’s nose at one point.
“In addition, and by reference to the same evidence, the panel were satisfied that this action was carried out forcefully, as indicated by the movement of player Crichton’s nose when he removed it from the player’s mouth.
“That forceful movement, in the panel’s view, was wholly consistent with the bite having occurred intentionally.”
Flanagan’s legal counsel James McLeod tried to draw a comparison with the incident that cost Jack Wighton a three-match ban for biting Tyson Gamble on the arm last season.
However, the panel felt Flanagan’s case was more serious as he had bitten Crichton on the face and the Bulldogs star was left with a cut under his nose and grazing on the bridge.
“The panel did not consider that the circumstances of the incident involving player Wighton were of any real assistance,” Bellew said.
“The panel recognised the importance of determining penalty according to the circumstances of this case. That penalty, in the panel’s view, was a suspension of four matches.”
As a result, Flanagan will now miss St George Illawarra’s remaining four premiership matches but he will be free to play if the ninth placed Dragons qualify for the finals.
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