Toulon put concerns over an upcoming Steffon Armitage court case for assault to one side on Friday to notch up a 24-17 victory over Bayonne that moved them to the provisional head of the Top 14.
Fresh from qualifying for the European Champions Cup, but missing a host of players who have received international call-ups for the Six Nations, Toulon's run-up to the Bayonne match had been marred by news surrounding star flanker Armitage.
Armitage learnt Thursday that he will have to appear in court on February 10 over a fight last month in a Toulon restaurant where the team had spent an evening drinking after their side's 23-8 victory over Leicester in the European Champions Cup.
According to witnesses, a fight broke out and Armitage and prop Xavier Chiocci, who was later released without charge by the police, felled the restaurant goer before striking him, injuring his eye.
Armitage, capped five times by England, was in the initial squad to play Bayonne but was left out of the starting team and replacements at Stade Mayol.
In his absence, Toulon stuttered to victory, their off-loading game not quite gelling against a defensively strong Bayonne team.
The victory, however, left the home side on 51 points, with Clermont and Stade Francais, both on 50, playing Saturday against La Rochelle and Oyonnax respectively.
Bayonne deserved a defensive bonus point for their efforts.
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