I wonder how much this is costing English rugby? Waste of money in my opinion. English rugby would be better off without him entirely.
Article in the Telegraph.
Owen Farrell's fate lies in the hands of one of UK's master silks
England will call on one of the best barristers in the UK to defend Farrell at his disciplinary hearing on Tuesday
Owen Farrell?s fate - and potentially England?s World Cup hopes - will be left in the hands of one of the country?s top silks at a disciplinary hearing on Tuesday.
Richard Smith KC, a veteran of five World Cups, three British and Irish Lions tours is described as the country?s ?pre-eminent rugby barrister? as well as one of the UK?s ?most senior serious crime lawyers?. He is tasked with defending the England captain in a virtual meeting after his sending-off for a dangerous high tackle in the 19-17 victory over Wales at Twickenham on Saturday.
Farrell is facing up to a six-game ban which would rule him out of the group stages at next month?s tournament in France.
Described by Guildhall Chambers and Partners as a barrister who ?achieves incredible results from seemingly impossible situations?, Smith successfully reduced Farrell?s last six-game ban for an illegal tackle while on duty with Saracens down to three games. On that occasion in January, Farrell?s ban was reduced from six to four after he pleaded guilty, then from four to three weeks because he attended ?tackle school? ? however, a player cannot do so twice.
?He has a deep knowledge of the sport and understanding of the regulatory regime,? reads Smith?s profile on Guildhall Chambers. ?He is always a master of his brief, in command of the relevant law and persuasive.?
Smith?s involvement with England stretches back to 2003, when he was enlisted by World Cup-winning coach Sir Clive Woodward - the first time a KC (then QC) had been associated with an international rugby team. Smith represented the union during the 16-man, pool-stage controversy against Samoa at the 2003 World Cup and, more recently, in 2011 when Dylan Hartley, Chris Ashton and James Haskell were accused by a Dunedin hotel worker of lewd behaviour. He also advised both the England players and Rugby Football Union when, in 2009, the squad fell victim to a potential ?sting? operation in Auckland which led to inquiries into alleged rape.
This year, Smith managed to overturn Henry Slade?s red card, issued to the centre in Exeter?s trip to the Bulls in the Champions Cup, and he was free to represent England in the Six Nations.
On Saturday, Farrell initially received a yellow card from referee Nika Amashukeli for a tackle on Taine Basham, with the England captain appearing to tuck his arm, catching the back-rower in the face with his shoulder. Basham did not return to the game after the tackle and Farrell?s card was upgraded to red by the Television Match Official in the newly established ?bunker?.
It is now up to Smith to ensure that Farrell receives as lenient a tariff as possible on Tuesday, with only two warm-up matches remaining before England?s opening group game against Argentina on Sept 9, followed by Japan, Chile and Samoa.
Farrell is likely, once again, to receive a six-match ban for the sending-off, with the degree of mitigation to determine how much of a leading role he is able to play in the tournament. If Farrell pleads guilty as he did in January, which is likely, then one week will automatically be removed for a guilty plea and remorse. That drops the England captain down to five matches, perhaps, even four, with a wholehearted apology.
Realistically, due to Farrell?s lack of eligibility for tackle school, the ban is either going to be four or five games. The rub for Smith is whether he can convince the all-Australian disciplinary panel that Farrell is not a seriel offender. This was the fly-half?s first red card on the international stage but the proximity of his previous offence - in January this year - means that the panel could consider him a repeat culprit.
The panel also have the authority to add a week on for aggravating factors: this would be Farrell?s third ban in three years. The ban that Farrell received for his 2016 tackle on Andr? Esterhuizen against South Africa at Twickenham was disregarded by the panel ?due to its age?. It is expected that that precedent will continue on Tuesday.
After the match on Saturday, Borthwick would not be drawn on hypotheticals surrounding fly-half depth or the captaincy in the event that Farrell does receive a lengthy ban.
?Let?s wait and see what happens. We?ll know about that in a few days, so we?ll be able to talk about that after,? the head coach said. ?I?m not going to comment until [Farrell?s] got through his disciplinary... Once I have all the facts, I?ll deal with the situation.?
Always a Wasp
