Claims of either an International Rugby Board cover-up or basic incompetence have emerged concerning the Richie McCaw eye-gouging incident from the World Cup final.
New Zealand Rugby Players Association chief executive Rob Nichol says action needed to be taken - and probably still could be taken.
"The All Blacks captain has clearly been eye-gouged and in this instance the IRB needs to front, someone needs to be held accountable."
It took longer than the prescribed 48-hour post-match review period to establish video footage appeared to show French centre Aurelien Rougerie clashing heads with McCaw in the 77th minute before dragging his fingers across the All Black captain's face.
The IRB said because the incident happened outside the review window they could not take the matter further via a citing commissioner to a judicial officer or disciplinary committee. However, under IRB regulation 17 which covers illegal and/or foul play and misconduct, clause 9.14 states there are exceptions which give a citing commissioner up to 14 days after the match to act. Those include mistaken identity or when further investigation is needed to identify the player(s).
It seems logical to think clause 9.14 could have been enacted. Initial accusations linked French captain Thierry Dusautoir rather than Rougerie to the act. The decision by the citing commissioner Scott Nowland not to act implies they knew who the alleged perpetrator was but chose not to take the matter further. Either that, or the incident was not deemed serious enough for further investigation.
The IRB has since indicated a post-World Cup review of foul plays laws will look to extend the citing period after matches or widen the exceptional circumstance provisions to account for late footage. Nichol says that's too late.
"I can't understand what stopped the commissioner citing the player and if the player disagrees they can state their case before the judicial officer.
"Players want to go on the field knowing they are safe from foul play. This is an abject failure from the IRB system. The Players Association has constantly criticised them and the judicial process. Another review - and we've had a few in the past - will be conducted, probably by the same people with the same outcome. We've had enough of this judicial system; it's not up to scratch and we hold out little hope this will produce anything different."
Nichol says he is surprised the New Zealand Rugby Union has not pushed more to see justice for the skipper.