The International Rugby Board (IRB) have become involved in the disciplinary case involving Ireland and Toulouse secondrow Trevor Brennan and the ERC, in which it is alleged the player entered the crowd during a European Cup match between his club and Ulster and became involved in a fracas with a spectator.
The IRB yesterday confirmed they had written to the president of the French rugby federation, Bernard Lapasset, asking that they (the federation) provisionally suspend Brennan pending the final outcome of the ERC disciplinary hearing.
The request comes before Brennan's case has been heard by the ERC, which is scheduled for Monday, February 26th.
Brennan has now been asked by the French federation to meet them in Paris two days before the scheduled ERC hearing takes place in Dublin.
"In the interests of the game, the IRB has asked the French federation to provisionally suspend the player under law 17.30.1.," said an IRB spokesman, who declined to say if Lapasset had agreed to comply with their request.
The regulation in the IRB statutes reads: "In exceptional circumstances, where the conduct of a player or persons is of such a serious or gross nature that his or her continued involvement in the sport in any capacity pending the final determination of the matter by the relevant authority is deemed by the IRB to be inappropriate and/or potentially prejudicial to the image of the game and reputation of the sport, then the board is entitled to require, as it deems fit, that the relevant union(s) provisionally suspend such player(s) or person(s) for any involvement in the sport."
The IRB state in the letter, dated February 7th and signed by their chairman, Ireland's Syd Millar, that the case involves "exceptional circumstances" and that the IRB do not "in any way wish to review or prejudge the evidence, the particular arguments and their merits, which may or may not be raised".
The London-based Ulster supporter at the heart of the controversy, Patrick Bamford, has issued statements saying he is taking a civil action against Brennan as well as defamation actions against a number of media outlets.
The IRB twist, however, comes at quite a late stage in the saga, which started during the final European Cup pool match between the sides at Stade Ernest Wallon on Sunday, 21st January. Brennan's legal team won an injunction to delay the first Dublin hearing, although they did meet the ERC on February 9th to discuss "preliminary matters".
Following an application by the player's representatives for further time to prepare and present their arguments on these "preliminary matters", the independent disciplinary committee agreed to adjourn until Monday, February 26th, when the "preliminary matters" will be considered.
Clearly the IRB's intervention is designed to ensure that the player does not play again for Toulouse, although it has been noted the club do not have any games until the Six Nations Championship finishes in six weeks. A suspension, therefore, would probably not have any practical effect.
Nor have the French federation and Lapasset indicated how they will manage the request, although it is believed that regardless of their views on the matter, the protocol would be that they agree to carry out what the parent body requests.