The only rugby player acquitted of wrongdoing after a rugby brawl that resulted in nine players banned from the sport was the one whose actions appear to have sparked the fight.
Punishments as a result of the brawl, which occurred after the semi-final game between Kelston Boys' High and Auckland Grammar's First XVs on August 15, have left the Kelston community reeling.
The five Kelston players - who face bans ranging from 45 to 71 weeks - yesterday lodged appeals against their punishments with the Auckland Rugby Union.
Four Auckland Grammar boys were banned from two to seven weeks and the case against a fifth was not proven.
Outrage over the punishments continued yesterday, with MP David Cunliffe calling them "grossly disproportionate".
Kelston's rugby community remains baffled by the bans dished out to its players - and for the decision not to punish one of the Grammar players.
But the Herald has learned that the Grammar student who was not punished, Kurt Eklund, the hooker and vice-captain, was let off because his actions are among those commonly seen in rugby.
Footage of the incident shows the Kelston number 23 dive over Eklund to get to the ball after the Grammar try that ended the game.
Eklund can be seen grabbing at the Kelston player's shirt and hauling him off.
The Kelston player then jumps up and punches him and the fight breaks out.
It is understood the judiciary decided Eklund had acted fairly in pulling the player away - something those in rugby circles say happens regularly.
But Kelston principal Steve Watt said yesterday the penalties against his players were too great.
"While there is no issue with the condemnation and admonishment inherent in the penalties imposed by the disciplinary committee, the extent and the disparity of the penalties imposed have given rise to widespread disquiet and disbelief as to their propriety from not only the local community but also the wider rugby community.
"Accordingly, the five boys from Kelston have lodged appeals with the rugby union today on the grounds that the penalties imposed on them are manifestly excessive and that the disparity in the length of the suspensions meted out to them by the disciplinary committee amounts to a miscarriage of justice."
Mr Watt said although the five boys remained suspended from the school their care and welfare was the school's responsibility.
The school had paid the $1500 plus GST to the union for the appeal and had helped the boys with counselling needed after "unprecedented publicity".
"I am hopeful that the appeal process can be resolved quickly so the school can focus on its primary function of educating boys to become good young men," Mr Watt said.
The judicial process has attracted criticism after a perceived conflict of interest because one of the judiciary members, former Detective Senior Sergeant Neil Grimstone, has a son at Auckland Grammar.
Mr Grimstone declined to comment yesterday.
The Grammar students are not appealing against their punishments.
* The penalties
Kelston Boys' High School Players
Player 1: Suspended until June 30, 2010 - 45 weeks.
Player 2: Suspended until June 30, 2010 - 45 weeks.
Player 3: Suspended until August 31, 2010 - 54 weeks.
Player 4: Suspended until August 31, 2010 - 54 weeks.
Player 5: Suspended until December 31, 2010 - 71 weeks.
Auckland Grammar School Players
Player 1: Case not proven - no sanction.
Player 2: Suspended until August 30, 2009 - 2 weeks.
Player 3: Suspended until September 6, 2009 - 3 weeks.
Player 4: Suspended until September 6, 2009 - 3 weeks.
Player 5: Suspended until October 4, 2009 - 7 weeks.
Rugby: Cleared player's actions likely to have set off brawl
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