McCartan escapes jail over assault

An All-Ireland Championship winning gaelic footballer today escaped a jail sentence after being convicted of breaking the jaw of another player during a challenge match.

James McCartan, 33, from Banbridge, Co Down, was ordered to pay €10,000 to a charity nominated by his victim, Westmeath player Kenneth Larkin.

McCartan was also ordered to pay €1,243 in legal costs at Dublin District Court after he was found guilty of assault earlier this month.

The retired footballer, who won All-Ireland medals with Down in 1991 and 1994, will not receive a criminal conviction if he pays the money at his next court appearance on January 10 next year.

At Dublin District Court, Judge William Early said it would give him considerable pleasure to then apply Section 1.1 of the Probation Act.

He said McCartan was a very fine young man who had been one of the most illustrious names in Gaelic football.

“Apart from the GAA, I’ve no doubt that Mr McCartan is an impressive man with impressive achievements. It is a sorry business that because of a moment of indiscipline he has come before the court,” he said.

McCartan was found guilty of assaulting Larkin in an off-the-ball incident during a challenge game between Down and Westmeath in May last year.

Senior Counsel Michael O’Higgins, representing McCartan, said that it had been agreed that once the compensation had been paid Larkin would not take a civil case for damages against his client.

Judge Early said: “I’m delighted to hear that. It shows considerable generosity of spirit on the part of Mr McCartan and Mr Larkin.”

Earlier the court heard references to McCartan’s good character from a series of high-profile individuals. Senator Maurice Hayes said he had known McCartan and his family for more than 15 years. He described the former Down footballer as hard-working, respectful and very truthful.

“He was one of the best forwards of his time, probably one of the best corner-forwards ever.”

He said he had attended all the games McCartan played during his Down career and had seen him take a lot of abuse from defenders who were intent on stopping him.

“I never, ever saw him retaliate,” he said.

He added: “He was a role model for youngsters in Co Down. He was widely admired for his skill and in particular the way he played the game.”

The former Minister for Agriculture in the Northern Ireland Assembly, SDLP member Bríd Rodgers, said she had no hesitation in commending him as a man of good and excellent character.

In her letter to Judge Early she said she had never witnessed anything approaching “dirty play” from McCartan.

John Farrell, the president of the University of Ulster, said McCartan was one of the most talented and exciting forwards he had ever seen.

He frequently witnessed McCartan playing for Queen’s University, Belfast, in the Sigerson Cup where he was subjected to ferocious late tackles from defenders. “Despite serious provocation, I never saw him react,” he said.

A local priest and friend of the McCartan family said the player had never received a red card while playing for his club or county.

Mr O’Higgins told Judge Early the submissions indicated that his client came to court with a significant body of credit. He noted that Judge Early himself had referred to the fact that Larkin’s marking style had caused McCartan a strident degree of irritation prior to the incident.

He said it was an inescapable fact that McCartan had been provoked by this when he turned around and hit Larkin in the jaw with his right fist.

Mr O’Higgins said McCartan was entitled to particular leniency because the consequences of a conviction would be visited more heavily on his client than any other citizen.

“They don’t have to go back knowing their name would be top of the (news) bulletin and their shame as a result of the conviction would be aired the length and breadth of the country,” he said.

He added that McCartan had a very, very exalted position in the community prior to the case.

Judge Early then said he would like to consider applying the Probation Act but in order to do so some restitution should be offered by McCartan in the interests of justice.

After a 20-minute consultation with his client Mr O’Higgins informed Judge Early that they had reached agreement on compensation with Larkin’s representative.

McCartan, who looked downcast during the court appearance, made no comment afterwards.