MARK Aston will get the independent hearing he craves over the ban that threatens to end his rugby league career after the backing of several other coaches.
The Sheffield Eagles boss was suspended for 18 months for playing Matty Marsh in their Challenge Cup tie at Wigan without him having received the necessary go ahead to return from a head injury.
A tribunal heard club doctor/equivalent Hannah Cole had not signed the 29-year-old off as part of the sport’s graduated return to play protocol (GRTP) – but he took to the field anyway.
Now after the Rugby Football League initially refused to refer the case to the independent Sport Resolutions body, a letter penned by Wales boss John Kear – believed to have been backed by at least three coaches in Super League – has seen it relent.
A date for a hearing to the original decision, made by a panel chaired by Judge Chris Batty and regarded as independent by the RFL as it sees legal jurasdiction as higher than its rule making, is yet to be fixed.
As things stand, Aston is barred from the 13-a-side code until April 30, 2026. Physio Mick Heys is banned until October 31, 2025 as six months of his sentence has been suspended for 12 months as he ‘admitted his conduct at the outset’ and ‘has apologised and expressed significant remorse.’
He said his knowledge of concussion was limited to a 25-minute video supplied by the RFL that he watched every year but said it does not cover medical standards and signing people off.
He also claims he was told on the morning of the game that Marsh could play.
But the tribunal found: “We are satisfied MA (Aston) knew full well that MM (Marsh) was not cleared to play.
“He wanted him to play and therefore deliberately ignored what he was being told and decided that they would ‘deal with the consequences later’ as was reported to HC (Cole) by Mr Heys the following day.
“His instruction to sort it to MH (Heys) was an indication of his determination to select him.
“It could never be acceptable to select a player that had suffered a significant concussion two weeks earlier, not knowing if he was eligible to play as he had not been properly assessed by a doctor.
“This was a serious and deliberate breach of rules. It is also a clear breach of his responsibility towards the welfare of his player.”
Judge Batty said when Aston was banned: “These are very serious breaches of the Operational Rules designed to protect the welfare of those who play the game.
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“Penalties for those who breach these rules must be significant.
“The rules are detailed and specific and most of all are to be rigidly observed. The consequences of a player returning to contact without the appropriate assessment could increase the risk of long term cognitive or neurological disorders.
“Player welfare is and should be paramount. Those who fail to comply with the rules must be brought to account.”
Claims it was all down to an admin error were also debunked by the RFL, which said: “To describe it as ‘an administrative error’ reveals a fundamental misunderstanding of the reasons the charges were brought, and why the suspension was imposed.
“Knowingly fielding a player without the necessary medical clearance is considerably more serious than that.”
