Toulon president Mourad Boudjellal has vowed not to pay a European Professional Club Rugby (EPCR) fine of €75,000 for comments he made during last year’s competition.
Boudjellal also received a warning of a further €25,000 fine, and a ban from all EPCR competitions for three years following any similar offence.
Three-time European champions Toulon, meanwhile, have received a deduction of five match points, suspended for three seasons, which applies to any EPCR-run tournament. The points deduction will be activated “for any similar offending or misconduct by the club or any of its representatives in any rugby jurisdiction”, said EPCR.
However Boudjellal told French publication Midi Olympique: “I will not appeal, I will not pay, and I will lodge a complaint for defamation.”
An EPCR statement noted that Boudjellal made comments (following his team’s Champions Cup encounter against Benetton last January) “that among other things allegedly condoned homophobic conduct, discriminated against and insulted various groups, and brought the game of rugby into disrepute by attacking, disparaging and criticising EPCR”.
The EPCR committee also noted aggravating factors which contributed to their decision, “including poor disciplinary records and poor conduct during the disciplinary process, and that these increased the severity of the sanctions imposed”.
Boudjellal’s comments followed the alleged homophobic remarks of Mathieu Bastareaud, which were captured on camera during that match against Benetton. He told reporters: “At no point did Mathieu Bastareaud make a judgement on the sexual orientation of the player in question.
I am not homophobic, but I have already called someone a faggot. It’s become customary, it’s the first thing that comes to mind in an altercation.
“I am worried. What I fear is the mormon side of EPCR with the Welsh and the Irish.”
Boudjellal has the right to appeal the decisions with the EPCR, but he insists he has no intention to do so. When asked whether he will file a legal complaint, the Toulon president said: “Yes. I asked my lawyer to do it right away. I will not appeal, I will not pay and I will sue for defamation. I will not let this accusation of homophobia go and I am tired of this harassment.”
In its written decision, the EPCR’s disciplinary committee said: “We had a responsibility to pass a sanction which properly marks rugby’s disapproval of the use, or condoning of the use, of any remark which is discriminatory or insulting.
“Such remarks only undermine the confidence and the desire of the majority of those involved in rugby to promote an entirely inclusive and diverse game.
“We considered this case to be a very serious example of offending of this type.”