WANDERERS captain Ben Ham will miss the preliminary final against Maitland on suspension despite the judiciary agreeing that the tackle for which he was given a second yellow card was fair.
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Ham received the card after a report from touch judge Nick Gaal for a hit on Hamilton winger Hamish McKie late in the Two Blues' 35-19 loss to Hamilton in the major semi-final.
In the referee's report Gaal indicated that Ham made the tackle without the use his arms. Wanderers disputed the report and moved to have the card overturned.
As part of their defence, Wanderers produced a sequence of still photos which clearly showed Ham's contact was with McKie's chest and his arms wrapped around the players torso.
Two yellow cards invoke a one-game suspension. The NHRU by-laws state that a yellow card can only be overturned due to mistaken identity.
Wanderers legal representative James Janke argued that there was a clause in the by-laws that under extreme circumstances permitted the judiciary to more than half or negate any punishment.
The NHRU sought clarification from Australian Rugby Union integrity unit, which ruled that the sanction should be applied.
"In accordance with clause 30 of the Disciplinary Rules the judiciary, despite the evidence presented by the club with respect to the second yellow card offence, is unable to expunge the yellow card, except in cases of mistaken identity. That is not the case in this instance," the ARU said.
"It is clear from the report of both the referee and the assistant referee that the player was issued with two yellow cards as a result of foul play. This was the onfield determination of the match officials and as noted above, is not subject to review by the judiciary."
In other cases on Wednesday night, Wanderers centre Chase Hicks is free to play on Saturday after he had a striking charge dismissed.
Hicks was cited by Hamilton after allegedly contacting Dane Sherratt with a forearm.
Lake Macquarie breakaway Sapati Peniata will miss the four games of next season after he was found guilty of leading with his knee in the elimination semi-final against Merewether. His suspension includes any sanctioned match including trials.