It not though. The incident was clearly seen by Clancy and as such and according to their own rules that is the only reason retrospective action can be taken. Clancy admitted he saw the incident to McGregor
The Compliance Officer can only raise a Fast Track Notice of Complaint and take retrospective action when an on field incident, or an exceptional part of an on field incident, has been unseen by the match officials.
When investigating a potential Fast Track case, the Compliance Officer does not seek any opinion on the incident from the match officials, or ask them to reconsider any decision made. This has not changed. The decision of the referee regarding facts connected with play will always be respected in line with the Laws of the Game. It is for this reason that the disciplinary rules relating to retrospective action only come into effect when an incident, or part of an incident, is unseen by the match officials.
When the match officials confirm an on field incident is unseen, the Compliance Officer seeks opinions from three independent experts.
Those experts are drawn from a pool of former Category 1 referees, who are up to date with current refereeing guidelines. A Fast Track Notice of Complaint can only competently be raised when all three experts provide written evidence that the incident constituted a sending off offence.
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