Leicester, who were knocked out of the Heineken Cup last month, may be restored to the competition after a second investigation into the Ospreys following their controversial match with the Premiership side on 23 January at the Liberty Stadium. The Welsh side, who avoided being thrown out of the competition after the full-back Lee Byrne entered the field as a 16th man during the 17-12 win, are this time accused of fielding an ineligible player.
European Rugby Cup Ltd has launched an inquiry after Premier Rugby asked whether the South Africa scrum-half Ricky Januarie, who joined the Ospreys on loan from the Stormers at the end of November, complied with eligibility rules.
These state that while each participating club may add one player during the pool stages to their nominated squad, "he must have at least a three-month contract with the club". Januarie signed for the Ospreys on 26 November and returned to South Africa on 25 January, two months later, having played in their final four Heineken Cup pool matches.
When the Stormers announced Januarie's departure, they said they had agreed a two-month loan deal. The Ospreys maintained the term was for three months, but the Stormers wanted Januarie back in Cape Town by the beginning of this month so he would be available for the build-up to the Super 14. Once the Super 14 kicks off a player cannot be registered in another tournament. The Stormers began their season 12 days ago.
"Ricky Januarie has joined Welsh club Ospreys in a two-month loan deal," said the Stormers on their website on 26 November. "The Springbok No9 had limited opportunities to play during the 2009 season and he will be looking to getting some much needed game time during his loan spell, whilst also gaining valuable experience in top European club competitions such as the Heineken Cup. He will return to Cape Town in early February, in time for the pre-season clash against Boland."
The term of the loan deal is being examined by ERC. If the Ospreys are deemed to have broken the rules, a disciplinary panel will be convened to hear the case. It would have the power to impose sanctions ranging from a fine to a points deduction or outright expulsion. The latter is the normal penalty for sides in cup competitions who field ineligible players.
Leicester put considerable pressure on ERC, hiring a firm of specialist sports lawyers, after lodging a complaint following Byrne's return to the field after receiving treatment for a blood injury while his replacement, Sonny Parker, was still on the pitch.
The Tigers, who were eliminated from the tournament while the Ospreys secured a quarter-final tie against Biarritz in San Sebastian, demanded a replay. But the Ospreys were fined €25,000 after admitting a charge of misconduct and kept their place in the last eight. Byrne was banned for two weeks, a sanction downgraded to a fine on appeal.
Leicester have this time maintained their distance and allowed Premier Rugby, who are represented on the ERC board through its chief executive, Mark McCafferty, to pursue the complaint. They would be the beneficiaries if the Ospreys were charged and a panel decided that the three Heineken Cup victories in which Januarie played should be expunged from the record. The Tigers would move to second in the group and qualify as the eighth seeds, a position currently occupied by Northampton, who would move up to seventh.
That would mean rescheduling two of the quarter-finals with Leicester going to Munster instead of Northampton, who would be bound for San Sebastian. Both matches are on 10 April and ERC, which does not have another board meeting until 31 March, is coming under pressure to decide whether the Ospreys should be charged. It is understood that Januarie is not the only player whose eligibility is being investigated with ERC reviewing other squad additions made during the pool stages in the Heineken Cup and the Amlin Challenge Cup.
