The French lock could be argued as clumsy act and in the heat of clearing a ruck.
The Newcastle game, everything had paused on the ground, in-goal, he had a shifty look to see who was around and then placed his hand, that was outside of the contact area, to have a dig into the space to find his target. Snidy, the worst sort of foul play out there, I would offer a year if it was up to me!
I feel in days of old, that would have been dealt with by the team's enforcer, thoughts of Dooley's "Don't send that ...... off" spring to mind.