Father avoids jail after assaulting umpire at underage hurling match
The court heard Michael Kelly came at the victim with his arms swinging after his 17-year-old son got into a verbal disagreement with the umpire. File picture
A father who assaulted an umpire at an underage hurling match, leading to the victim suffering a concussion at the hands of others, has been given a three-month suspended sentence.
The actions of Michael Kelly at Clan na Gael club in March 2023 were “not a true reflection of the GAA”, Judge Orla Crowe said as she sentenced him on Monday.
Kelly, aged 41, of Sherrard St Lower, Dublin 1, pleaded guilty at Dublin Circuit Criminal Court to assault during an underage hurling match at the GAA club in Irishtown on March 5, 2023.
The court heard Kelly came at the victim with his arms swinging after his 17-year-old son got into a verbal disagreement with the umpire.
Kelly did not actually strike the umpire, Paul Keane, but put him in fear that he would be hit him, which allows for a charge of assault under Section 2 of the Non-fatal Offences against the Person Act. It is an offence which carries a maximum sentence of six months.
Kelly was originally due to stand trial on a charge of affray but entered the guilty plea on the first day of his trial.
The court heard that matters descended further and other unidentified people then struck Mr Keane several times from behind. He suffered concussion and had to receive medical attention at VHI Swift Care.
Judge Orla Crowe said it was “unacceptable” and “reprehensible behaviour” on the part of Kelly.
“Without the accused Michael Kelly having decided to involve himself in the situation where an umpire was speaking to (his) son and acting as he did... this situation might not have happened at all and he (the umpire) might not have had any injuries,” the judge said.
It was a “really unedifying experience” the judge said, noting the victim's concerns that this behaviour brought the game into disrepute and had a negative impact on the sport.
“He charged in when his son, who was 17, was having an issue,” she said.
“He did not have to do that. He did not have to go in with his arms swinging.”
She noted the maximum sentence of six months and said she did not believe a custodial sentence was warranted.
She sentenced him to three months, which she suspended in full on a number of conditions, including that Kelly engage with the Probation Service for one year.
She noted Kelly had indicated he was willing to give €5,000 to the victim as a token of his remorse and she ordered him to do so within one week.
At a previous sentence hearing, Garda David Walsh told the court that the game between two minor hurling teams became fractious and some players were sent off, with elevated tensions on the pitch.
The referee was due to recommence the game when the umpire, Paul Keane, was approached by Kelly's son.
The court heard that in Mr Keane’s view, the player was approaching him in a threatening and provocative manner and he ultimately had to tell the player in robust terms to get away from him.
At that point, Mr Keane turned around and saw Kelly running straight at him and trying to hit him, screaming: “What did you say to my son?”
“I just ducked out of the way,” he told gardaí. “He ran at me again swinging punches at me. At that stage, I grabbed his two arms trying to restrain him and we fell to the ground.”
Mr Keane was then attacked from behind by other parties and was injured. He was treated for concussion at a treatment centre.
The court heard that neither the concussion nor any other injuries were attributable to Kelly. However, the initial assault by Kelly led to the later events.
Spectators and players, who were about 17 years of age, were distressed by the episode, with John Gallagher, prosecuting, describing it as “a very unwelcome intrusion at a sporting event”.
The court heard that Kelly had 20 previous convictions, mostly for road traffic offences, but also for assault causing harm.
Under cross-examination by Shaun Smyth, defending, Gstda Walsh agreed that the match had already become “an ill-tempered affair” by the time of the assault, with the referee recalling that he had to dismiss another umpire.
Garda Walsh also accepted that Mr Keane landed on top of the accused when they fell to the ground, leaving him open to attack from behind.
The court heard that numerous other people who caused Mr Keane’s injuries were mostly not identified.
Mr Smyth told the judge that his client had come at the umpire with swinging fists, causing him the apprehension of being struck, but that he hadn’t actually struck him.
Kelly was there to see his son play, but was not actually pitchside when things kicked off, he explained, having gone to the coffee truck.
“The first thing he saw when he returned was his son being spoken to robustly,” he said. “He made a stupid split-second decision.” He hadn’t foreseen that the umpire could end up on the ground assaulted by others, he submitted.
He said that Mr Keane was to be commended for the way he dealt with his victim impact statement, which was handed into the court. His first thoughts had been the impact of what had happened on the sport itself and on the young players.
Counsel said that Kelly had grown up on Sherrard St in the inner city, a difficult area to grow up in. At the time of his previous convictions, he was very young, had negative peer associations, and was giving very little thought to his future.
However, prior to this offence, he had made efforts to graduate from that scenario and now employed eight men in his own construction business.
He suffered a tragedy previously, when his second child died of sepsis two days after birth.
Defence counsel said that what Kelly had done was a serious aberration that would be marked by a criminal conviction, but asked the judge to allow him to continue contributing to society as a father and an employer.
The court heard Kelly had €1,000 in court as a token of his remorse, but the injured party indicated that would not cover his medical costs. Kelly was willing to give a sum of €5,000 which Mr Keane would accept, the court heard on Monday.
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