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I've just watched it again, and actually, the still shots make it look far worse than it was.
Flower may not have known he was out cold at that stage.
They were still in contact with each other when Hohaia fell to the floor and Flower was pulling away when he threw another punch.
The still looks like he has stood up and then gone back for a punch but the video looks like it's all one movement.

It's a small thing but it makes a difference to the implied intent.

Still deserves a ban but no police investigation needed. It's all there to be seen.

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Quote: TRB "Agreed -12 games. Can't condone that second punch.

First one is the best punch I've seen on a RL pitch. That would warrant a SO and 3-4 game ban on its own, but it was impressive!'"


I don't think Liam Farrell would agree with you icon_lol.gif

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There is no question there was definite and malicious intent on the second punch. Flower positioned and lined hohai up very well while he was on the floor using his other arm to hold him in place. In that moment flower knew exactly what he was doing.

As for hohai been unconscious. I've only seem it a few times but he looked more disorientated than unconscious.

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If Lance doesn't want police action I would rather see education take place rather than criminal action. I'm not disputing arguments over if it had happened up town etc. The principle in this for me is somehow trying to turn it into a positive. Arrest, caution, charge, fine and or whatever happened in criminal justice world doesn't turn this into a positive. Albeit I wouldn't argue if that happened.

I would like Ben to visit X amount of Schools talking in assemblies about controlled aggression, behaviour, choices and consequences. Tell the Pupils that the choices you make today are who you are tomorrow. Tell them about rugby league and how the players display controlled aggression and are respectful and shake hands after battle. Then tell them about his choice. The choice that let down himself, family, team mates, fans and rugby league as a whole. His team mates had battled for approximately 30 games to play in the biggest game of the season. Back room staff, trainers and other members of the club have all been on that journey. Over 25,000 Fans have saved and payed for tickets and made the trip to watch their team.

Yet all that was ruined by one choice. Explain it is something that he will have to live with for the rest of his life. He will then have his own emotions of what happened in the changing rooms and days and weeks after. His sole actions that day cost Wigan and everybody associated with them. Schools often focus on children making the correct choices and look at consequences of actions. Then let the little devils loose with some awkward questions as only kids can!!!

It's kind of a restorative justice approach.

There should also be a lengthy ban to accompany his actions.

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Quote: Mick Amos 9 WTW "If Lance doesn't want police action I would rather see education take place rather than criminal action. I'm not disputing arguments over if it had happened up town etc. The principle in this for me is somehow trying to turn it into a positive. Arrest, caution, charge, fine and or whatever happened in criminal justice world doesn't turn this into a positive. Albeit I wouldn't argue if that happened.

I would like Ben to visit X amount of Schools talking in assemblies about controlled aggression, behaviour, choices and consequences. Tell the Pupils that the choices you make today are who you are tomorrow. Tell them about rugby league and how the players display controlled aggression and are respectful and shake hands after battle. Then tell them about his choice. The choice that let down himself, family, team mates, fans and rugby league as a whole. His team mates had battled for approximately 30 games to play in the biggest game of the season. Back room staff, trainers and other members of the club have all been on that journey. Over 25,000 Fans have saved and payed for tickets and made the trip to watch their team.

Yet all that was ruined by one choice. Explain it is something that he will have to live with for the rest of his life. He will then have his own emotions of what happened in the changing rooms and days and weeks after. His sole actions that day cost Wigan and everybody associated with them. Schools often focus on children making the correct choices and look at consequences of actions. Then let the little devils loose with some awkward questions as only kids can!!!

It's kind of a restorative justice approach.

There should also be a lengthy ban to accompany his actions.'"


As I've said, I'm not prepared to say what my opinion is, but it could be said, and would be said by some, that this post sums up a sensible, proportionate and constructive response. Others might say, quite reasonably, that they disagree.

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Quote: Slugger McBatt "As I've said, I'm not prepared to say what my opinion is, but it could be said, and would be said by some, that this post sums up a sensible, proportionate and constructive response. Others might say, quite reasonably, that they disagree.'"


Indeed Slugger, opinions will always vary. People will look at it from different angles. Someone may have been punished criminally for a similar assault in the community and want a similar fate here. Others are more lenient and some would want the death penalty.

I would hope 100% of people would say the second punch was entirely wrong and the only thing to discuss here is the course of action.

It will be interesting to see the full outcome.

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Flower charged with a grade F offence which is minimum 8 matches
Hohaia has been charged with a grade B which is 1-2 games

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Quote: PopTart "
if you did it in the street it would be an assault and possible GBH.

There is a lot to consider.
Best case for me. Flower gets a decent ban (imho 8 games is enough) and to be honest, Hohaia should get something for an off the ball incident. Probably a fine. You can't say "concussion sufficient punishment" in this case.'"


Personally I think it would have fallen inbetweeen those 2, with an ABH rather than GBH but l'd give him a little longer ban 10-12 games.Like you stated above, 8 games is the mininum for a Grade F so I'd be surprised if they gave him that. Hohaia will probabaly just get a token game ban after what he's been charged with.

As far as the Police getting involved, I think it wil set a dangerous precedent in the game.

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Quote: Shifty Cat "Personally I think it would have fallen inbetweeen those 2, with an ABH rather than GBH but l'd give him a little longer ban 10-12 games.Like you stated above, 8 games is the mininum for a Grade F so I'd be surprised if they gave him that. Hohaia will probabaly just get a token game ban after what he's been charged with.

As far as the Police getting involved, I think it wil set a dangerous precedent in the game.'"


Just to clarify, the bit you quoted about doing it in the street means GBH refers to most things that go on in a game of rugby.
We are not suggesting that no one tackles the opposition hard, but if you just ran up to someone and did it in the street, you'd be in trouble.

You can't apply that scenario to an incident on the field as bad because you wouldn't be able to do it in the street.
Clearly if you bring a gun on the field and shoot someone, you will be in trouble, whether playing a game or not, but it isn't a blanket rule.

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Quote: PopTart "Just to clarify, the bit you quoted about doing it in the street means GBH refers to most things that go on in a game of rugby.
We are not suggesting that no one tackles the opposition hard, but if you just ran up to someone and did it in the street, you'd be in trouble.

You can't apply that scenario to an incident on the field as bad because you wouldn't be able to do it in the street.
Clearly if you bring a gun on the field and shoot someone, you will be in trouble, whether playing a game or not, but it isn't a blanket rule.'"


You've lost me mate, alI I was doing is extending on your point, that say if he was caught on Westgate on CCCTV imo he'd get done for ABH rather than GBH which is is for a more serious attack and if I remember rightly is determined by intent, ie, did you mean to KO someone. Like I said at the bottom this hasn't got anything to do with the Police anyway, just a hypothetical scenario. It's not very often ona RL field you watch someone get KO'd twice.

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Quote: PopTart "Seriously? I was there. I did not fear any violence from Flower's punch. I'm slow but I reckon I could have avoided him if he'd come my way from section 2402.

The problem with this incident is that it was on tv at a major event, so everyone suddenly becomes a solicitor and judge. Same as those that watch X Factor, Strictly and Dancing on Ice, in 5 minutes viewing know more than the professionals about a pirouette and grand jete.

There is no doubt Flower had time to pull out of the second punch given Hohaia was out cold, but equally, in the heat of the incident, people don't always act in the same way they do when watching tv in an arm chair.
I can honestly say, if I was Flower and Hohaia had done what he did to me, I'd have punched him too. The way he got off so quickly after the second showed he knew what he had done but it's too late then. (Clearly in my case my punch would not have knocked him out and I'd have probably been battered in return but you do what you do in the heat of action)

If this gets to a criminal process of any kind, sport in general will be affected.
Should Roy Keane have been convicted for a potential career ending foul on Haaland? He admitted in his book what he was trying to do.
Should a rugby Union forward, using his studs to get the ball be convicted of assault? Drawing blood in that situation is pretty easy (following the rules) but if you did it in the street it would be an assault and possible GBH.

There is a lot to consider.
Best case for me. Flower gets a decent ban (imho 8 games is enough) and to be honest, Hohaia should get something for an off the ball incident. Probably a fine. You can't say "concussion sufficient punishment" in this case.'"


Ok to explain I didn't mean from Flowers punch but the effect it had on the crowd escalating others thus people would be in fear.

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Quote: Slugger McBatt "You're wrong. I don't mind having a legal discussion. I've been a Senior Crown Prosecutor for sixteen years, I have them every day. I enjoy them. The innocent bystander has to fear violence against themselves, and no one of reasonable firmness in that crowd believed that Ben Flower was about to start attacking the crowd. It isn't about whether the bystander would fear violence being used per se, but violence against themselves. There are frequently situations where affray would be very convenient but can't be used because it is just two people fighting.

You are right that the response of the RFL is relevant in a court for mitigation only, but the discussion was about whether it should be taken to court, not what would happen when he got there. The response of the RFL, as well as the views of the victim, are relevant for that decision. For example, if common assault is the preferred charge, you would be entitled to consider the whole point of a court case where the sentence (other than the prospect of prison) would be nowhere near that imposed by the RFL. The point of Eric Cantona's appeal for the crowd incident (which he won) was that he should not be made an example of but should be treated as a man of no previous convictions or cautions (which would apply to Flower, I presume). Add in the more combative nature of rugby league and the preceding incident, what penalty would be imposed? Those are relevant considerations, and those involved in the decision will take into account what the RFL do in making it.

As an example, let's say a bloke gets involves in an argument and punches someone. Straight assault, prosecute, no issue. But what if the victim doesn't want the person prosecuted, and the assailant was provoked, and the impact of a prosecution would cost him his job, and then his home so he can't pay the mortgage? Don't prosecute. All part of the public interest test.'"


Ok I respect your opinion I don't think it will hit the legal process other than the RL. If it does we can come back to the man on the Clapham omnibus

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Quote: REDWHITEANDBLUE "Ok I respect your opinion I don't think it will hit the legal process other than the RL. If it does we can come back to the man on the Clapham omnibus'"


A colleague once mistakenly referred to that test, in a slip of the tongue, as "the man on the Clapham Common", who might have a whole range of different views!

I think you're right. Once it has all calmed down and the RFL have hit Flower hard, I think that will be the end of it.

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The biggest problem for the RFL is that it was the last game of the season, so no new news for a while to take the focus away.
Mid season it would be a day or so and then talking about the next game.

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What/who is the man on the Clapham omnibus? Never heard that one before.

90 posts in 7 pages 
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