So to summarise what happened in this incident, never mind all the other arguments around lack of consistency, bias and many other gripes:
The referee decided it wasn't an issue at the time, and hasn't changed his mind after review
The Touch Judges didn't think it was an issue
The TMO didn't think it was an issue
The Samoans didn't think it was an issue
Lam didn't think it was an issue and actually supported Ford and Gray (and well done to him)
But,
The Australian citing officer and an English QC decided that they know better than all that rugby knowledge and that it deserved a 5 week ban for both players, reduced by 2.
...and that, gentlemen, is the sad state of affairs that we find our judicial system in at this time. Two groups of decision makers absolutely poles apart in the conclusions they draw from looking AT THE SAME PIECE OF VIDEO!!!
I am as anti the tip-tackle as any referee. That is why I took the time and effort to write an article on the dynamics of tip tackles back in 2011 after the Sam Warburton incident. However, for mine, I side with Jaco Peyper. I do not see how that incident warranted a five week ban for both players.
Its time for WR to stop making it up as they go along, and REALLY address the core issue at the heart of tip tackles.....
grasping an opponent below the hips AND lifting them off their feet. If they were to make this act a penalty in itself, then the tip tackle would all but disappear.
#1. grasping an opponent below the hips AND lifting them off their feet = penalty kick
#2. doing #1. then taking them to ground = Yellow Card
#3. doing #2 in such a way that their head or shoulders strike the ground first = Red Card
If a tackler wants to put the ball carrier on his back then they need to do it
properly by grasping him
above the hips and
driving him to ground. If the would-be tackler is not strong enough or skilled enough to do this properly,
then they should not even try it!!!
If a player is strong enough to lift a player when grasping him above the hips and then still turn him beyond horizontal, that should still be a Yellow Card or a Red Card (depending on circumstances) if the ball carrier lands on his head or shoulders, but the determining factor for rotation beyond the horizontal should
exclude the legs. I have heard elite referees say that the player's
"legs were in the air so he has been tipped/taken beyond the horizontal".
This is wrong. It is possible (even likely) that the legs can be pointing upwards even when the shoulders are still above the hips.