Rugby boys lose mana but gain justice

The Kelston students were reduced to tears during hearings into the brawl. Photo / Herald on Sunday

Five Kelston Boys High School students have had their rugby dreams restored, after an appeal committee overturned "manifestly excessive" playing bans imposed for a violent brawl.

The Auckland Rugby Football Union yesterday admitted getting the original penalties wrong in banning the Kelston boys for up to 16 months while their Auckland Grammar opponents got just two to seven weeks.

After the hearing the five boys - big teenagers who had been reduced to tears - quietly shook hands with Judge Ian McHardy and the appeal committee members.

"I'm glad it's over," one told the Herald on Sunday.

And last night they returned home with their friends and families, who the appeal heard had been embarrassed by their actions.

"These boys have lost significant mana as a result of their actions," the judge ruled. "That is a matter that this committee can take into account."

A psychologist's report, supplied to the appeal committee, said some of the boys had never been in a fight at school or on the playing field before, and they were remorseful.

"It hasn't been easy for them," wrote Dr Eng Leong Lim. "A few were in tears during the sessions.

"However, we have been impressed by their openness, humility, determination to move forward and strength of character shown despite all that has happened.

"We consider that they have learnt life lessons that, in our opinion, will make them better players."

Two boys' bans were reduced from 10 months to four weeks, meaning they are now free to return to rugby union, touch rugby and rugby league commitments.

The other boys will serve out bans of seven to 14 weeks - meaning the last sentence will expire on November 22.

Lawyer Stuart Doig, representing the rugby union, said the original disciplinary committee had wrongly thought that the boys' seasons were over and longer bans were necessary to ensure they missed games.

Further information provided to the appeal committee showed they would miss numerous games and tournaments between August and November this year.

"The original hearings were conducted under significant time pressure," Doig said.

Kelston Boys High School had also punished the boys, first suspending them then requiring them to do two days' community service, complete anger management courses and address a full school assembly.

Queen's Counsel John Haigh, who represented the Kelston boys without charge, agreed to withdraw his complaints of bias, and perception of bias, as part of a deal with the Auckland rugby union.

These grounds for appeal related to a member of the original disciplinary committee, Neil Grimstone, who Kelston alleged had failed to disclose a conflict of interest in his friendship with the father of one of the Auckland Grammar students - the one boy who was acquitted of wrongdoing.

Yesterday, the reduced sentences were welcomed by the school and supporters.

Former All Black Va'aiga Tuigamala, a Kelston old boy who had criticised the original sentence, said common sense had prevailed.

"The young men have done well in accepting their responsibility, taking it on the chin, standing up and being men," he said.

Richard Wood, the chairman of the Kelston school board, said the boys had acquitted themselves well.

"They were quiet, respectful and accepting. They don't let on too much to you, you know. They are shy. This has been a horrendous experience for them. They are only boys after all."

Now, he said, "they just want to be with their mates and move on".

- ADDITIONAL REPORTING: NZPA