Moimoi to appeal suspension
13 September 2005
Parramatta has today sought leave to appeal the nine week suspension handed down to second rower Fuifui Moimoi last Wednesday.
The NRL Judiciary Chairman, Judge Greg Woods, will consider the clubs written submission along with submissions from NRL Judiciary Counsel Mr Peter Kite SC.
Judge Woods will determine if it is an appropriate case in which to grant leave to appeal.
The time taken to determine this will be at the discretion of Judge Woods and his judgment will be issued by way of an NRL media release.
The grounds for granting leave in a judiciary appeal are as follows:
(1) With respect to the issue of guilt:
(a) That there was an error of law; or
(b) That the decision was unreasonable or insupportable
having regard to the evidence in the case
(2) With respect to the issue of sentence, that:
(a) In the case of a Notice of Referred Charge, the penalty
imposed was manifestly excessive;
(b) In the case of a Notice of Charge, the grading ascribed
was manifestly excessive.
Should the Judiciary Chairman grant leave to appeal, the Appeals Committee chaired by Sir Laurence Street would be convened at an appropriate time.
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