RUGBY’S ‘RED MIST’
A UK judge has awarded R222m in damages after a vengeful move —‘the epitome of a dangerous tackle ’— left one player a paraplegic
Rugby is a tough contact sport and injuries are common. But what should be the attitude when one player deliberately targets another and makes a highly dangerous tackle that leaves the opponent with a broken back, unable to walk again?
That’s the essence of a case decided recently by UK high court judge Martin Spencer. The injured player, Dani Czernuszka, a member of the Sirens team, sued Bracknell Ladies captain Natasha King, who tackled her in the closing minutes of a 2017 match.
As the entire game was videotaped, the court could follow, frame by frame, what happened.
There was also evidence from players on both teams, including Czernuszka and King, and expert witnesses. One of these was Ed Morrison, an experienced referee who, incidentally, reffed the 1995 Rugby World Cup final between South Africa and New Zealand.
The match in which Czernuszka was injured was meant to be a friendly, “developmental level” game, with many beginners and some relatively experienced players on the field. The two sides had history, however, and in the last game of the previous season, King punched someone and broke another player’s arm.
Her swearing and aggressive talk continued in the first game of the new season. Her players were bigger than the Sirens but the latter were quicker. After King came off second best from a “dominant tackle” she had initiated, Czernuszka darted away unscathed.
With Sirens in the lead, 14-0, Czernuszka and her teammates began to celebrate their likely win. This clearly annoyed King and she was heard to say, referring to Czernuszka: “That fucking number 7; I’m going to break her.”
The judge found that despite King’s denial, she had said these words; a “red mist” had descended on her eyes, he added, and she was looking for a chance to get revenge.
A few minutes later, the opportunity arose: a scrum formed, then a ruck. Czernuszka, acting as scrumhalf, bent to pick up the ball while King came around the side of the ruck “with eyes only on Czernuszka”. She put her whole body weight forward and down on her opponent’s back, “parcelling her up”, then drove her down onto her bottom with her body still bent forward while King’s full weight landed on top of her, with her head, neck and spine all at risk.
There was a cracking sound and Czernuszka said: “I’ve broken my back”.
The video shows onlookers and players reacting with shock, while
King simply walks away as the final whistle is blown.
Clarifying the law
Commenting on the video, Morrison said that in his 60 years in rugby as player, coach, referee and administrator, he had “never witnessed such a reckless incident”. Further, the tackle should never have been made as Czernuszka wasn’t in possession of the ball. King’s expert witness conceded that it was “the very epitome of dangerous tackling”.
The judge trawled earlier UK court decisions on liability in cases of sport injury, and the duty of care owed by one player to another, as well as issues of recklessness. He found King was so angry at her perceived humiliation that she ignored the “clear and obvious” risk she was subjecting her opponent to. He said her intention was “to exact retribution” on Czernuszka, and he found King liable for the injuries.
Czernuszka’s lawyers estimate the value of her claim as at least
£10m (about R222m) and say it will be paid by the Bracknell club’s insurer. They believe the case is ground-breaking and will clarify the application of previous case law on sporting injuries.
Czernuszka, who now plays para ice hockey, said she doesn’t blame “the game of rugby” for what happened, but feels she was let down “by improper and poor behaviour from the opposing player, coaching staff and the referee”.
She said she hopes to use her own experience to raise awareness “of the dangerous lines that shouldn’t be crossed when playing sport no matter the level”.