Gardia swoop on McCartan - 10/11/03

Taken from the Sunday Independent

Gardaí swoop on McCartan at disciplinary hearing
Sunday November 9th 2003

The confidentiality surrounding investigations carried out by Croke Park into alleged breaches of playing discipline has been called into question by the bizarre involvement of the Garda Síochána in a row between Down and Westmeath.

At the centre of the controversy is former Down double All-Ireland-winning medallist, James McCartan, and an incident that led to a broken jaw being sustained by Westmeath's Ken Larkin. The attempt by the police to arrest the Down star as he left a hearing of a Games Administration sub-committee has sparked a major probe by the GAA into who actually gave permission for the Gardaí to enter Croke Park.

The GAA officials also want to find out who tipped off the Garda Síochána about a private meeting that was only known to a very limited number of people.

The attempt to arrest James McCartan was only foiled by the demands of Down County Board personnel. When they asked to see Garda warrant cards and details of the charges against the Down player only one Garda was able to produce official identification. The plain clothes Gardaí admitted that they did not have any warrants. They said they were simply interested in talking to McCartan in a nearby hospitality suite.

At this point the player and the Down officials, including manager Paddy O'Rourke, made a quick exit.

Westmeath County Board Secretary, Paddy Collins, who was at the meeting along with Larkin and his goalkeeper colleague, Aidan Lennon, vehemently denies that the involvement of the Gardaí was triggered by a tip-off from official Westmeath sources. "Any such allegations are ludicrous. They are just laughable," said Collins.

However, he confirmed that he had seen two members of the Garda sitting in one of the Croke Park suites when he arrived for the hearing. He also confirmed that he recognised one of the officers as serving in Westmeath. "I remember him serving in Westmeath some 15 years ago but I had not seen him for many years."

The Westmeath official, who has been outspoken in his demands for what he describes as natural justice being seen to be done on behalf of Ken Larkin, feels that the Garda did have a right to question McCartan.

"My understanding is that at some stage down the line Ken Larkin intends to institute civil proceedings regarding this matter. As such, surely the Gardaí had an entitlement to question anybody alleged to have been involved?"

The official line from Croke Park is that the investigation into the Larkin injury has yet to be completed. The sub-committee, under the chairmanship of Sligo's Ciarán McDermott, found that James McCartan did have a case to answer before a full disciplinary hearing of the GAC.

The meeting heard dramatically conflicting evidence from the parties. Down and McCartan do not deny there was contact with Larkin prior to him sustaining a broken jaw. They are adamant, however, that there was no deliberate intent to injure the Westmeath player. Down manager Paddy O'Rourke pointed out that it was entirely feasible that as the two players tussled for the ball, Larkin "could have stumbled and clipped his face" off the trailing boot of McCartan.

But the evidence from Westmeath 'keeper Aidan Lennon supported Larkin's allegation that there appeared to be intent by the Down player.

The full GAC hearing has not taken place, and will not take place until the investigation into what is being described in Down as Gardagate, is completed. James McCartan has already asked for one deferral of the GAC hearing. And it is thought unlikely that he will volunteer to attend Croke Park unless assurances are provided regarding the non-involvement of the Garda Síochána in the matter.

Privately Down are furious at what they believe has been a deliberate attempt to intimidate their player through a breach of the Association's code of confidentiality. They argue that if McCartan had been arrested and charged with assault by the civil authorities it would have made a mockery of any subsequent deliberation by the GAA.

Publicly the line from Down is that they are prepared to wait for the outcome of the Croke Park investigation into the debacle. All that Eamon O'Toole would say on the matter was that Down "had absolutely no reason to inform anybody other than the relevant individuals of the hearing."

It had all the elements of an Inspector Clouseau farce

The roots of the row stretch back to last May when, in a final warm-up match a week before the start of the Leinster championship, Down played Westmeath in Newcastle, County Dublin.

In the second half an incident on the pitch left Westmeath's 19-year-old full-back Ken Larkin slumped on the ground. The trainee Garda officer was eventually taken to hospital by ambulance where X-Rays confirmed that he had suffered a broken bone in his jaw.

The game was refereed by Down's Colm Broderick. In his match report he made no mention of seeing any Down player carry out an illegal action that could have played a part in Ken Larkin's injury.

The role of the plain-clothes Garda officers in the dispute between the two counties at times had all the elements of an Inspector Clouseau farce. However, the problem for the GAA is that nobody is laughing at the implications of the controversy for the central characters involved in the incident.

It also throws into question the future viability of similar hearings. Players travelling from the legal jurisdiction of Northern Ireland to that of the Republic, will be reluctant to make that journey if the civil authorities in the shape of the Garda Síochána are waiting in the shadows to give their interpretation of the GAA Rulebook.




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