IRB appeals against Wallabies captain James Horwill's not guilty stamping verdict Fox Sports rugby commentator Greg Martin says the British and Irish Lions might have asked IRB to review James Horwill stomping charge. THE ARU has slammed the IRB's decision to appeal James Horwill's not guilty stamping verdict, which could see the Wallabies skipper miss a potential Lions series decider in Sydney next week. Horwill, who is still free to play in Saturday's game in Melbourne, was on Sunday night cleared of a foul play charge after being cited by the Lions for stamping on rival lock Alun Wyn Jones in the first Test in Brisbane. IRB-appointed judicial officer Nigel Hampton said he could not find Horwill's "glancing contact" while off balance and unsighted was the Wallaby captain "acting recklessly." But the IRB last night issued a release saying it would appeal its own judicial officer's decision with a second hearing next week, which could see Horwill rubbed out of the third Test. "Given its duty to preserve player welfare at all levels of the game, the IRB is compelled to further examine potential acts of foul play which either potentially or in reality impact on the preservation of player welfare," an IRB release said. It is important for the IRB to ensure amongst all stakeholders in the game that there is full confidence that priority is given to player welfare and the values of the game. In a swift response, the ARU said it was "surprised and disappointed" the IRB had made the unprecedented decision to "demand a re-hearing" of the foul play charge against Horwill, four days after he'd been found not guilty. "While we respect the right of the IRB to intervene, we also respect the knowledge and experience of appointed - and independent - Judicial Officers, and their expertise to consider evidence and reach sound findings," ARU boss Bill Pulver said. CHARGED: James Horwill was last weekend cleared of "stamping" against the British and Irish Lions at Suncorp Stadium. ARU in no way condones foul play. However, the process was followed according to IRB regulations and the decision of an independent Judicial Officer handed down. The IRB amended its regulations last year to allow the governing body the right to appeal disciplinary decisions. But it has only ever appealed one other case, when it challenged a one-match suspension of All Blacks flanker Adam Thomson for stamping as too lenient. It was increased to two on appeal. The Horwill matter is distinct in that unlike Thomson, who had already been found guilty, the IRB are using their power to set aside a "not guilty" verdict. It raises numerous questions, including who at the IRB makes the determination an independent judicial officer's decision is unsafe (the IRB doesn't declare) and why a second judicial officer's view on a case is any more valid than the first? The appeal will be heard by Graeme Mew (Canada) following the second Test between Australia and the British & Irish Lions. Horwill is free to play pending the outcome of the appeal.