Referee Nika Amashukeli shows Owen Farrell a yellow card, which was later changed to a second one. Credit: Getty Images/David Rogers
The fate of Owen Farrell — and perhaps England's World Cup hopes — will rest in the hands of one of the country's best silks at Tuesday's disciplinary hearing.
Richard Smith KC, a veteran of five World Cups, three British and Irish Lions Tours, has been called «the preeminent rugby lawyer» in the country, as well as one of the «highest ranking major crime lawyers» in the UK. He is tasked with defending the England captain in a virtual encounter after he was sent off for a dangerous high tackle in Saturday's 19:17 win over Wales at Twickenham.
Farrell faces a six-time ban from playing which will exclude him from the group stage at next month's tournament in France.
Described by Guildhall Chambers and Partners as a lawyer who «accomplishes incredible results in seemingly impossible situations», Smith successfully reduced Farrell's six-game suspension for an illegal tackle while on duty with the Saracens to three games. On this occasion, in January, Farrell's suspension was reduced from six to four after he pleaded guilty, and then from four to three weeks as he attended «gear school», however a player cannot do so twice.
«He has a deep knowledge of the sport and an understanding of the regulatory regime,» according to Smith's Guildhall Chambers profile. “He is always a master of his craft, knows the relevant law and knows how to convince.”
Smith's involvement in England dates back to 2003 when he was recruited by World Cup winner coach Sir Clive Woodward — the first time KC (then QC) had been linked to an international rugby team. Smith represented the union during a 16-man dispute against Samoa at the 2003 World Cup and, most recently, in 2011 when Dylan Hartley, Chris Ashton and James Haskell were accused of indecency by a Dunedin hotel worker. He also advised both England players and Rugby Football Union when the team was the victim of a potential Auckland sting operation in 2009 that led to an alleged rape investigation. Henry Slade's card given to the Exeter center for the Bulls in the European Cup, and he was free to represent England in the Six Nations.
On Saturday, Farrell first received a yellow card from referee Nicky Amashukeli for a tackle on Thane Basham when the England captain appeared to tuck his arm into the defender's face with his shoulder. Basham did not return to the game after the tackle, and Farrell's card was upgraded to red by the TV match official in the newly created «bunker». />Owen Farrell sat in the trash with teammates Ellis Jenge and Freddie Steward after they all received yellow cards. Photo: Getty Images/David Rogers
Now Smith must ensure that Farrell gets the most lenient fare possible on Tuesday. , with only two warm-up matches left before England's first group game against Argentina on 9 September, followed by Japan, Chile and Samoa.
Farrell is likely to face another six-match suspension for sending off, the degree of easing of which will determine how much of a leading role he can 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. This leaves the England captain with five matches, maybe even four, and we sincerely apologize.
In fact, due to the fact that Farrell is not eligible to go to ball school, the suspension will be either four or five games. The problem for Smith is whether he can convince the Australian disciplinary commission that Farrell is not a serious offender. It was the midfielder's first red card on the international stage, but the proximity of his previous offense — in January of this year — means the commission could consider him a repeat culprit.
The group also has the power to add a week to the aggravating circumstances: this would be Farrell's third ban in three years. The ban Farrell received for his 2016 tackle against Andre Esterhuizen against South Africa at Twickenham was ignored by the commission «because of his age». This precedent is expected to continue on Tuesday.
After Saturday's match, Borthwick will not be drawn into hypothetical speculation related to half-depth or captaincy in case Farrell does receive a lengthy ban.
“Let's wait and see what happens. We will know about this in a few days, so we can talk about it later, ”said the head coach. «I won't comment until [Farrell] is in disciplinary action… Once I have all the facts, I'll look into the situation.»
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