The International Rugby Board is considering changing their disciplinary procedure following Frenchman Aurelien Rougerie's alleged eye-gouge of All Black captain Richie McCaw in the Rugby World Cup final last month.
Following the match there was talk of an eye-gouge on McCaw, although no complaint was laid by the All Blacks to the IRB within the 36-hour citing review period.
"I got poked in the eye or something," McCaw said after the 8-7 win the All Blacks. "I don't know if it was intentional."
However two days after the match, footage was uncovered showing the French centre Rougerie head-butt McCaw, who was lying on the ground, before raking his fingers across McCaw's face and eyes in the 77th minute of the Rugby World Cup final.
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In a statement, the IRB confirmed no action could be taken to initiate a citing case following the alleged foul play during the match.
"The Independent citing commissioner Scott Nowland (Australia) undertook an investigation following the release of new television footage outside of the 36 hour citing review period that indicated a possible act of foul play involving contact with the eye or eye area had taken place."
The statement said Mr Nowland's original review used all camera angles provided at the time by the host broadcaster Sky New Zealand and no incidents of foul play were found.
"Mr Nowland has determined that he cannot cite the alleged act of foul play as the footage emerged outside the citing period and he is unable to bring the matter within the exceptional circumstances provisions contained in the Tournament Disciplinary Rules which deal principally with mistaken identity and where further time is required to identify a player who may have committed an act of foul play."
Both the New Zealand Rugby Union and the French union have been advised of the outcome, the IRB said.
The IRB said it will consider either extending the citing period following matches, or widening the scope of "exceptional circumstance provisions" in order to be able to account for footage or other evidence which emerges after the citing period.