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I raised this with one of our A panel refs today and he took up Ian's stance of even if it touches the defender by accident it's been played and should start with a 5m scrum.
He used the grubber kick that hits a defender going into touch scenario and pointed out it would be attacking teams ball so why not in this case.
Oli
I have to admit to being on uncertain ground concerning that. The Law pertaining to the last touch of the ball when the ball goes into touch is different from that regarding the ball going into in-goal
As per your example, Red grubber kick; ball strikes Blue defender and goes into touch, this is definitely a Red throw whether Blue touched the ball intentionally nor not....
However it is not so clear cut when the ball goes into in-goal.19.4 WHO THROWS IN
The throw-in is taken by an opponent of the player who last held or touched the ball before it went into touch. When there is doubt, the attacking team takes the throw-in.
Exception: When a team takes a penalty kick, and the ball is kicked into touch, the throw-in is taken by a player of the team that took the penalty kick. This applies whether the ball was kicked directly or indirectly into touch.
Red grubber kick; ball strikes Blue defender and goes into in-goal..
The argument is over whether an involuntary touch constitutes taking the ball into in-goal. Some argue that it is, and some that it isn't.Law 22.7
(d) If a defending player threw or took the ball into the in-goal, and a defending player grounded it, and there has been no infringement, play is restarted by a 5-metre scrum. The position of the scrum is in line with where the ball has been touched down. The attacking side throws in the ball.
The 1996 Law was very clear that there was a difference between playing the ball intentionally, and touching the ball unintentionally, but somehow, that clarity became a little fogged when they Laws were re-written.
LAW 14: IN-GOAL
(3) A five meters scrummage shall be formed:
(a) if a defending player heels, kicks, carries, passes or knocks the ball into his In-goal, and it there becomes dead without an infringement having occurred.
(4) Except where the ball is knocked on or thrown forward in the field of play or In-goal, if an attacking player kicks, carries, passes or charges down the ball from an opponent's kick and it travels into his opponents' In-goal, either directly or having touched a defender who does not willfully attempt to stop, catch or kick it, and it is there;
► grounded by a defending player, or
► goes into touch-in-goal or over the dead ball line
a drop-out shall be awarded.
It seems the height of lunacy to take a Law that was clear and rewrite it to make it unclear. I find it difficult to believe that the writers meant to change the intent of the Law.