We are lucky to have dedicated refs who try their best to officiate what is probably the hardest sport I can think of to referee as so many calls are subjective judgement. But I'd like to think there are systems in place where a ref makes an absolute howler they are less likely to get the next big game. It is a fact in sport that on average the big mistakes fall in favour of the big teams, as with Joubert and the lad who failed to show Le Roux the red card last weekend. That shows to me a mental fragility and refs that show that trait should be kept away from the biggest/most decisive fixtures - Joubert included.
The thing is though, that was only an absolute howler with the benefit of hindsight, and many replays from multiple angles, At full speed and first look, he got the decision right, it looked a clear cut offside (I thought he was right at the time until I saw the replays). I certainly do NOT count Craig Joubert among "mentally fragile" referees. If you want absolute howlers and mentally fragile, look no further than Wayne Barnes, who made a clear and obvious mistake in the first NZ v Wales game, where, even with the benefit of multiple replays, he still made a blunder, overruling his TMO, and both ARs to do so. Right there is a referee who is not fit to referee International Rugby.
There are three things here that I would change, a Law Definition, a Law and a TMO Protocol.
Law Definition of "Played"
IMO, we should be going down the route taken by RL where, if the ball touches a player (rather than the player touching the ball) then it is regarded as "not played at"....
[TEXTAREA]Section 11: Tackle and Play the Ball
Opponent “touches†ball ; ‘Touching’ the ball is intentionally playing it with any part of the person when it is not held by an opposing player. A ricochet or rebound does not count as a ‘touch’.[/TEXTAREA]
Change the definition of played, from
[TEXTAREA]Law Definition
Played: The ball is played when it is touched by a player.[/TEXTAREA]
to
[TEXTAREA]Law Definition
Played: The ball is played when it is
intentionally touched by a player.[/TEXTAREA]
Law of Accidental Offside
Add (c) to Law 11.6
[TEXTAREA]
11.6 ACCIDENTAL OFFSIDE
(c) When an offside player play a ball that was touched but not played by a team-mate. A scrum is formed with the opposing team throwing in the ball[/TEXTAREA]
TMO Protocol
The TMO "Check, check" protocol should be extended to allow him to intervene off his own bat (without being asked as they do now for foul play) when there has been a clear and obvious mistake by the referee. This would apply only to general aspects of play, such as passes, touches, kicks etc but not to areas of subjective judgement such as mauls, rucks and scrums. Had something like this been in place, the TMO could have called Joubert with a "Check check" call, and told him that the last touch was by Phipps and the penalty needs to be voided.