Earlier in the day the samre independent Disciplinary Committee handed a 12 week suspension to Richard Mustoe for kicking Horan.
The statement from ERC read; An independent Disciplinary Committee, comprised of Chairman, Rod McKenzie (SRU), Robert Horner (RFU) and Bruce Reece-Russel (RFU), met in Dublin today (Wednesday, 10 November, 2004) to hear citing complaints made by Munster against Neath-Swansea Ospreys wing Richard Mustoe and by Neath-Swansea Ospreys against Munster prop Marcus Horan following the Heineken Cup Pool 4 Round 2 match at The Gnoll on Sunday, 31 October.
- the Committee found that Richard Mustoe intentionally kicked Marcus Horan and that Mr Mustoe was reckless as to whether the kick landed on the body or the head of Mr Horan. The Committee took into account mitigating factors, such as a clean record, the player admitting the infringement and that the incident was by way of retaliation for a previous, but less serious, incident. Mr Mustoe will be suspended from all rugby for 12 weeks starting from today. The player has the right to appeal.
- in the case of Marcus Horan, for an alleged remark made during the match to a player of the opposing team, the Committee did not find it established that Mr Horan, or anyone else on the Munster team, had made the remark complained of. Therefore the Committee dismissed the citing. Had the Committee found the remark had been made, the Committee would have regarded it as racist abuse and foul play. The Committee went further and held that the alleged remark had not been made.