The independent Disciplinary Committee convened in Dublin on Thursday, 24 January, 2008, found the Munster player guilty of foul play and imposed an eight week suspension up to and including Wednesday, 19 March 2008.

In their written judgement the Disciplinary Committee found that Flannery had, 'deliberately stamped on the (Clermont) player's head.'
However Munster, while accepting that Flannery did make contact, believe that Flannery's action was not in any way premeditated or deliberate.

Munster Chief Executive Garrett Fitzgerald explaining the decision to appeal said, " After further consideration of the incident, having again spoken to the player, having again studied the video of the incident and taken legal advice, we feel obliged to appeal the findings, of the Disciplinary Committee.
"We do accept that his (Flannerys) boot did make contact but we are fully satisfied that the action was not deliberate."