Johnson loses appeal against ban

Martin Johnson will miss England's Six Nations fixture with Wales at Twickenham later this month following the dismissal of his appeal against the Rugby Football Union disciplinary procedures that led to him being suspended for three weeks for punching the Saracens hooker Robbie Russell during a Premiership match in February. The red rose captain was ultimately condemned by a 19-page judgement delivered by David Pannick QC, an independent arbitrator: had he hit Russell with Pannick's exhaustive document, he might now be serving a sentence for manslaughter.

Pannick took the best part of seven hours to find against Johnson and Premier Rugby, the organisation representing the 12 top-flight professional clubs in England. Eleven days previously, another QC sitting as chairman of an RFU tribunal had taken an hour longer in banning the Leicester lock for thumping Russell. Under such marathon circumstances, it was not surprising that the legal costs awarded against Johnson totalled more than £13,000.

Johnson cannot play again until 26 March, three days after the Wales match. Robert Horner, the RFU's disciplinary officer, said last night that "various scenarios had been considered", one of them relating to the argument that Johnson had served three days of his suspension before lodging his appeal and might therefore be available to face the Welsh. Pannick rejected that notion, deciding that the full 21-day ban should begin today.

Leicester, who encouraged Johnson to appeal on the grounds that he had been sent to the sin-bin for the punch at the time and had therefore been dealt with under Premiership disciplinary regulations, did not leave Twickenham in a happy mood. Dean Richards, the team manager, described rugby as "a professional game run by rank amateurs", and claimed the judgement "opened up a can of worms" on the refereeing front. Peter Wheeler, the chief executive, accused the RFU of treating Johnson as a special case. "They say the case was not brought because Martin was the player involved," he commented. "That is difficult to believe."

Both Richards and Wheeler called for England Rugby, the club-union partnership charged with administering the élite end of the England game, to undertake a comprehensive review of the disciplinary procedures. Horner reacted by insisting that the RFU remained the "principal disciplinary authority". His only olive branch was a promise to review the procedures at the end of the domestic campaign.

A judicial review specialist, Pannick quickly decided that Premier Rugby had no right of appeal in the case and concentrated entirely on Johnson's challenge, as put forward by a three-strong team headed by senior counsel Bita Bhalla. Bhalla argued that the catch-all nature of the RFU regulation under which proceedings were brought against his client meant that Horner, as disciplinary officer, enjoyed such unfettered power that it amounted to "a royal prerogative of which the Stuarts would have been jealous". Pannick rejected the submission, stating that Horner's role was that of a prosecutor rather than a judge.

"I am satisfied that the disciplinary officer had power to bring a charge," he continued. "This was a very serious offence. It was a violent punch, causing an injury that needed six stitches. The ball was not in play. Johnson was not responding to any act of provocation. He held Russell's collar to enable him to inflict the blow to greater effect. It is important to eradicate violent play to protect the image of the game and to encourage young people to participate."

In its tone, Pannick's judgement was entirely damning of Johnson. "The player is entitled to a fair hearing, but if the on-field incident deserves a greater punishment than the referee awarded, and the charge can be proved to the satisfaction of an independent disciplinary panel, I can see no unfairness in the player suffering an additional sanction," he said. What he did not address was the issue of consistency, or lack of it ­ a system under which Johnson can be hauled before the beak while every other Saturday afternoon puncher gets away with it. That debate is far from over.