GAA player from Mayo freed on appeal

A GAA player jailed for assaulting an opponent in a match between two Mayo football clubs, has walked free from prison following a successful appeal.

Michael Prendergast, aged 35, of Leicnin Village, Castlebar, Co Mayo, pleaded guilty to assault causing harm to Jonathan Clarke during a match in Ballindine, Co Mayo, on September 14, 2013.

He was sentenced to two years imprisonment with the final 12 months suspended by Judge Rory McCabe on October 16. Prendergast appealed his sentence yesterday on grounds that the sentencing judge operated on the injured party’s version of events rather than the referee’s match report.

Giving judgment, Mr Justice Garrett Sheehan said the three-judge court was “immediately confronted with (this) difficulty”.

In his victim impact report, Mr Clarke

said Prendergast came towards him and without warning hit him in the left eye. It was so severe, Mr Clarke said, that he landed on the ground.

Mr Justice Sheehan said the referee’s match report gave a “decidedly different account of the context of the assault”, and that both men were “fighting and tackling for the ball” when Prendergast “just swung out and struck Jonathan Clarke in the face” before Mr Clarke “fell to the ground”.

Mr Justice Sheehan, who sat with Mr Justice Alan Mahon and Mr Justice John Edwards, quashed Prendergast’s original sentence and substituted in its place a term of a year’s imprisonment.

The court suspended the balance of that sentence on condition he agreed to undertake 100 hours of community service.

He was required to enter into his own bond of €100 to keep the peace and be of good behaviour for 12 months and to undertake to do 100 hours of community service.