NATHAN Fien is prepared to stand down from the rest of the Tri-Nations in what is almost certain to prove a futile bid to save New Zealand from being stripped of competition points.
But the Kiwis may use the "Grannygate" scandal to argue for the international constitution to be enforced to ensure clubs release their players for Test duty.
NZRL lawyers will outline legal arguments for why Fien is eligible to play for the Kiwis even though it was his great-grandmother that was born in New Zealand - not his grandmother - in written submissions to be forwarded to the International Federation executive by 3pm today.
But Kiwis officials will also concede there had been a misunderstanding over Fien's New Zealand heritage when he made himself available for selection and insist neither they nor the former Queensland Origin hooker set out to deceive, but made a simple error.
It is understood the possibility that the birth certificate Fien presented as his "Nan's" may have really been that of his Wanganui-born great-grandmother first emerged last week in the lead-up to New Zealand's Test against Great Britain in Christchurch.
Until then, NZRL officials and coach Brian McClennan had believed it was his grandmother and forwarded a copy to the ARL after naming him to make his Test debut in Melbourne the week before. The Kiwis accept that Fien had never differentiated between his grandmother and great-grandmother and reported yesterday that the 27-year-old Warriors hooker, who has a New Zealand-born daughter, was devastated by the prospect he might have cost the team its points and has offered to stand down.
A decision on whether New Zealand has breached section 3.1(B) of the RLIF constitution that says "a player is eligible to play for the country in which either of his parents or any of his grandparents was born" will be made tomorrow, with the Kiwis expected to be docked two points and Fien suspended from the New Zealand team until next year when he qualifies on residency grounds.
But the NZRL maintains the international eligibility regulations were not drafted tightly enough to mean only grandparentage, not great-grandparentage.
"We just want it clarified," NZRL chairman Selwyn Bennett told the Herald last night. "When you look at the international constitution it is very unclear about player eligibility and we believe the whole thing needs cleaning up. But we never set out to deceive anyone, it's just an innocent mistake.
"Nathan referred to her as his Nan and he told us that he knew her. After we found out, I referred to her as his great-grandmother in a TV interview last Sunday. I had nothing to hide. After reading the constitution, I didn't think it made any difference anyway." With NRL clubs refusing all but a few requests to release players for July's Test against Great Britain in England, Kiwis officials have been well versed in the wording of the RLIF constitution and have been looking for an opportunity to raise issues of player availability and neutral referees.
Few Super League-based players were available for this season's Anzac Test and McClennan was unable to use prop Jason Cayless and utility Motu Tony in the opening two matches of the Tri-Nations tournament.
Section 4 of the RLIF constitution, headed "Availability for International Rugby League", states that "a player who has been selected to play a senior international match approved as such by the board:
■ Must be made available by his club for all such matches;
■ Shall not play for his club or any other team in the period of five days before;
■ Shall not withdraw from a match without the approval of the [country] which has selected him; and,
■ In the event of withdrawing after selection shall not be permitted to play for his club
in the period commencing five days prior to and ending five days after such a match he has been selected."
Bennett said: "They're pulling one section of the constitution on us for one thing and yet you go to the next section and that isn't being enforced."
