Two stamping charges against England lock Dave Attwood were dismissed on procedural grounds this morning, the Australian Rugby Union have confirmed.
Attwood, 23, appeared before a disciplinary panel in Perth after being cited over two alleged incidents in England's 28-28 draw with the Australian Barbarians.
The Gloucester forward was alleged to have stamped on scrum-half Josh Valentine in the 34th minute and his opposite number Mitch Chapman in the 50th minute.
But England's team management successfully argued that Australian citing commissioner Scott Nowland could not be considered an "independent authority" and the charges were dropped.
The ARU statement read: "England team management successfully argued the hearing of two alleged stamping incidents involving Attwood could not proceed because the citing commissioner, as an Australian, was not an independent authority."
The standard IRB tours agreement states that all Test matches and international tour matches should have independent judicial and citing officers.
The IRB appoint all Test officials but for the neutrality of those officials to change for tour matches there has to be an agreement between both unions.
The RFU have agreed that ARU referees can handle the tour matches but they were not consulted over Nowland's appointment for the match.
England engaged their legal expert, Richard Smith QC, and when the situation was highlighted in today's hearing the judicial officer Paul Tully – himself an Australian – ruled the two citings were invalid.
The IRB-appointed disciplinary team that will oversee England's two-Test series with the Wallabies will also take charge of next Tuesday's tour match in Gosford.
But it does beg the question as to why the ARU did not organise for those independent officials to arrive in Australia early enough to sit on yesterday's game.
Attwood is now free to press his claims for a place on the England bench for Saturday's first Test, with the squad announced tomorrow. The starting second row is expected to be Simon Shaw and Tom Palmer.
