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Appeal verdict shocks pair
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08 January 2009
Neither player was present as a three-man Rugby Football Union panel met in London to consider their case, taking under two hours to reach their decision. The RFU hearing was their final hope of having the bans, imposed for missing drugs tests, reduced within the disciplinary structure of the game.
"Michael Lipman and Alex Crockett are disappointed, surprised and upset by the RFU appeal panel's decision not to overturn their nine-month ban," said the players' solicitor Richard Mallett.
"The RFU have yet to indicate their reasons for rejecting the grounds of appeal. Until the RFU reveals to Mr Lipman and Mr Crockett why the appeal failed it is obviously difficult to comment further at this stage."
The thrust of the appeal centered around three points - there was no lawful basis for the players to be requested by Bath to submit to extra testing, they had reasonable grounds to not take the tests and their refusal to submit to extra testing was not prejudicial to the game.
But the RFU panel swiftly rejected all three counts, believing it was entirely reasonable for Bath to request the extra tests despite the lack of contractual obligation. The full verdict is expected to be published within 48 hours. The duo's suspensions run from June 1, 2009 - the date they resigned from Bath - until February 28, 2010.
An RFU statement read: "On August 3, Bath players Crockett, Lipman and Andrew Higgins were found guilty of two charges of conduct prejudicial to the interests of the game in failing to submit to drugs tests on two separate occasions when reasonably requested by Bath.
"Crockett and Lipman subsequently appealed against the decision and their appeal was heard today by the panel of Matthew Lohn (chairman), Philip Evans and Dr Julian Morris. The appeal was dismissed by the panel and the original suspension upheld."
Bath expressed their satisfaction at the outcome of the hearing.
A statement read: "Following the news that the Crockett and Lipman appeal was dismissed, Bath are satisfied that, while this hearing was no longer a club issue, it upholds the actions taken by the club at the end of last season and the original ruling by the RFU."
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