Family's action against alleged ban from GAA club adjourned for a week
The court has heard the dispute had arisen following a football tournament for boys under nine years of age in Newry, Co. Down, last year. File photo: Piaras Ó Mídheach/Sportsfile
A High Court action brought by a mother of four young children who are allegedly banned from participating in activities at their local GAA club has been adjourned for a week.
The action has been brought by Sinead O’Farrell, of Sandford Wood, Swords, Co. Dublin, who on Monday was granted permission by the High Court to serve short notice of proceedings taken against the officials of Fingallians GAA Club.
She seeks an injunction removing the alleged ban on behalf of her children Luca (10), Cai (8), Nia (6) and Alia (5) who, she claimed, along with their father, Jason, and herself had been told to stay away from the club.
When the matter returned before Ms Justice Eileen Roberts on Thursday, the family's lawyers said that they had no contact from the defendants about the case until late on Wednesday evening when they were informed that the persons who should be sued are the club's trustees and not the defendant club officials.
Ms Justice Roberts was told that the plaintiffs are happy that they have sued the correct parties, and that lawyers for the trustees have no right of audience in the proceedings.
Counsel for the trustees told the court that his clients, who are not all the same persons as the defendants, were the correct parties that should be sued, and that the dispute should go to arbitration rather than before a court of law.
The action is against club officials Colin Foley (club chairperson), Carl Jones (vice chairperson), Eoin Martin (club secretary), Denis McCarthy (juvenile chairperson), Sarah Nixon (children's officer) and Pat Ward (disciplinary chairperson.)
The judge said that the issue regarding who should be the correct defendants in the proceedings needed to be clarified and adjourned the case for a week to allow instructions to be taken by solicitors.
The legal team acting for the trustees needs to know if they act for the club officials named in the proceedings, before the issue as to who are the correct defendants in the case can be determined, the judge said.
Previously, the court heard that the O’Farrells are all paid-up members of Fingallians, Seatown West, Swords, and all of the children take part in both football and hurling. Ms O’Farrell said that a dispute had arisen following a football tournament for boys under nine years of age in Newry, Co. Down, last year.
She claims that her husband, other parents and volunteer coaches were unhappy with the approach to the tournament taken by Mr Richie Herity, who had been the head coach of the club's U-9 boys group.
Arising out of the fall-out within the club from the tournament, she said that Jason and other adults whose children were part of the group were fired as volunteer coaches of the U-9s in September.
She added that since those parents' removal, there have been a series of communications and meetings involving club officials, the O'Farrells and the other parents without any of the issues between them being resolved.
Last month, she claims, her husband and her family were told in one communication by senior officials at the club that the entire family must refrain from attending at the club until a meeting had taken place with her husband and the club's chairperson. Ms O’Farrell said the entire affair had caused her and Jason the most profound shock and distress.
The O'Farrell's solicitors wrote to the club seeking undertakings including that no steps be taken by Fingallians to prevent the O'Farrell children from accessing the club's facilities.
In a letter to the O'Farrell's solicitors, the club said that their children are "entitled to the same access to the club's facilities and activities as all other club members in good standing", and it had "no intention to exclude them."
However, no undertakings were given and Ms O’Farrell has sought injunctions restraining the officials from interfering with the family’s right to attend the club and participating with club teams or groups.
She also seeks declarations including that a message sent by the club to her husband earlier this month purporting to ban the family from training is unwarranted, unjustified, unlawful and has no legal effect.
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