Highlanders midfielder Sio Tomkinson has escaped further punishment for his hit on Brodie Retallick that resulted in a red card against the Chiefs last week.
A SANZAAR Judicial Committee ruled last night the referee was wrong to issue a red card for this incident, letting Tomkinson go free.
Minutes after coming off the bench in the southerners' 30-27 win in Hamilton, Tomkinson was given his marching orders by referee Glen Jackson for a high shot on the Chiefs captain.
The incident was picked up by TMO Aaron Paterson in the 68th minute. Paterson then alerted Jackson who, after reviewing, told Tomkinson: "You made no attempt whatsoever to wrap him, you have used your shoulder and it's direct to the head," before sending on his way.
The collision, which left Retallick prone on the ground, saw Tomkinson charged with breaking "Law 9.13 Dangerous Tackling" and "Law 9.16 Dangerous Charge".
However, the judicial committee quashed them after reviewing available evidence and hearing from Tomkinson, the Highlanders coaching staff and their legal representative. The committee ruled the ref was "wrong in issuing the red card".
"The judicial committee found that the player made contact with his shoulder to the shoulder of the Chiefs player," committee chairman Michael Heron QC said in a statement.
"On careful review of the footage, and on receiving further evidence as above, the committee determined that the player did not make contact with the head of the Chiefs player and he did attempt to use his arm in the attempted tackle.
"Due to the rapid change in angle from the Chiefs player, and the tackle of the other Highlanders player involved, the incident appeared to be more significant that it was.
"Accordingly, there was not a breach of Law 9.13 or 9.16."
Despite the clearance, Tomkinson was left out of coach Aaron Mauger's squad yesterday for Friday night's contest against the Reds.
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