GAA star fails to have assault case dropped

The All-Ireland-winning footballer who broke the jaw of another player in a challenge match failed today in his bid to have the case thrown out of court.

James McCartan, 33, from Warrenpoint, Co Down denies assaulting Kenneth Larkin, 21, from Westmeath in the match which was played on May 25 last year.

Judge William Earley rejected an application from McCartan’s defence council Michael O’Higgins that the case should be stopped because the Garda investigation was inadequate.

He said O’Higgins had not referred to any specific evidence that the gardaí had failed to investigate.

“It seems to me the defence has not established that there is any such evidence, let alone that it be clearly relevant, and certainly not that would have a bearing on the guilt or innocence of the accused person.”

He added that there was no risk of McCartan not receiving a fair trial.

The incident occurred during a challenge match between Westmeath and Down in a challenge match in Newcastle, Co Dublin.

McCartan, dressed in a black suit and a grey tie, said he had returned to play for Down’s team to pass on the benefit of his long experience to younger players.

The 33-year-old won All Ireland titles with Down in 1991 and 1994 and had played with his county since the age of 16.

He began the game in the full forward position, where he was being marked by Westmeath’s young full-back Kenneth Larkin.

McCartan said there was quite a bit of tussling between them in the early stages of the game.

“Any time I tried to go for the ball, I was being pulled and hauled back. It was nothing malicious just pulling and dragging to ensure I couldn’t get out in front,” he said.

Around 10-15 minutes into the game McCartan made a run out to get the ball.

He said he was being held over the shoulders by Larkin in a sort of bear-hug.

He began shrugging his torso and elbows to break free and suddenly felt Larkin fall away.

McCartan said he could not remember his elbow hitting Larkin but he assumed this was what had happened.

“I don’t think it’s a huge jump to surmise that I was the person who caused the injury. I was the one he was marking,” he said.

The then Westmeath manager Luke Dempsey ran out onto the field to confront McCartan about the incident. He told McCartan that Larkin was only 19 but McCartan replied: “If he’s not old enough he shouldn’t be out here. His age wasn’t a problem when he was hanging out of me earlier.”

McCartan told the court he was substituted in the second half because his heart wasn’t in the game anymore after he realised that Larkin had a serious injury.

He said he apologised later to the Westmeath goalkeeper – who denies this took place – to Dempsey on the sideline when he was substituted and to Dempsey again in the dressing room after the match.

State solicitor for the Director of Public Prosecution, Vincent Deane said in Larkin’s account both players were tugging each others’ jerseys but there was no other contact.

He added that it made no sense for Larkin to hold McCartan over the shoulders when the ball was coming in because it was such an obvious foul.

McCartan said: “I’m not going to stand here and paint myself as angelic but I was out in front and there was no advantage to pulling.”

He said he completely denied Larkin’s account of the incident. “I manage teams now and if any member of my team did something like that he would never play again,” he said.

McCartan denied the suggestion that he had attempting to apologise so many times because he was aware he had done wrong.

Deane said the state was challenging McCartan’s entire version of events.

The case continues.