GAA should challenge all court injunctions, says Kelly

Brendan O'Brien

Kelly also warned that more and more players would be encouraged to take the legal route, if they don't.

Earlier this summer, Westmeath player Rory O'Connell was handed a three-month suspension by the GAC for allegedly stamping on Offaly's Pascal Kelleghan, but the midfielder played in both the Leinster final and replay after successfully seeking a court injunction.

O'Connell's case has been the most high profile example of an increasing tendency whereby internal GAA disciplinary matters are brought before the civil court and Kelly is anxious to stem the rising tide.

"Personally, I think that we should challenge all these. If a judge says there may be a case, then we should let him hear the case eventually, whether we were right or wrong.

"If you allow a situation where fellas can take an injunction, where the situation is left basically in limbo and there is no decision eventually from the courts, then you're only encouraging more and more people to do it."

The problem of court injunctions is all the more acute for a sporting organisation such as the GAA. Ordinarily, an injunction doesn't affect the eventual sentence. If someone is found guilty they will eventually serve the time. However, as Kelly pointed out, postponing the GAC's decision on an individual player means the penalty doesn't have any bearing once the competition is over, as is currently the case with O'Connell.

Kelly again praised Waterford's John Mullane for turning his back on the civil court route and accepting his suspension of one game that saw him sit out the All-Ireland semi-final defeat by Kilkenny last weekend.

"I felt that he had behaved in a very honourable, honest way and it isn't often you associate someone who commits an offence with behaving so honourably and honestly. It is something you would try and encourage because everybody makes mistakes.

"Everything John Mullane said as soon as he was put off reflected everything that was good about the association - honesty, integrity and commitment to the association, accepting the rules and not looking for an easy fix to play in the All-Ireland semi-final.

"I have no doubt, as he said himself, that there were plenty of people who were willing to put up big bucks and so forth so that he could do that. But he didn't and that is rare, it was novel and we would hope that other people would follow his example."

"When people join the association they accept the rules of the association. One of the rules, whether it has legal standing or not is not the issue, is that there would be no recourse to a court of law and, obviously, he takes his membership very seriously."

However, the former Munster Council chairman accepts that the GAA also urgently needs to reform its own disciplinary structures, pointing out that the process of radically altering the GAC is ongoing.

"What I've been advocating since I became Uachtarán is to look at a new disciplinary system, divide the GAC into fixtures and disciplinary with a proper appeals system with a tribunal, independent people around it and legal people advising it," he said in Dublin yesterday. "Our committee are actually working on that at this very point. Quick and effective, that's what we need to do and that's what we're working towards. The GAC is totally overloaded at the moment with the increase in competitions and games and referees to be appointed, linesmen, fourth officials. It's just impossible for a voluntary committee to do the whole thing at the moment."

Kelly was also asked about the decision by Clare hurler Gerry Quinn to take legal action against RTÉ over comments made on the Sunday Game after the player's clash with Kilkenny's Henry Shefflin.

While pointing out that it was a matter for the parties involved he also said that: "Comments were made and, in that situation, I feel they have every right, if they feel something was said about a player that wasn't true, to try and establish the facts and, if necessary, get an apology."

Meanwhile, it is almost certain that both forthcoming International Rules tests will be played in Croke Park. Kelly made soundings earlier in the year about the prospect of the first test being moved to a provincial venue with Casement Park in Belfast installed as the frontrunner.

That plan seems to have been scuppered as funding sought by the GAA from authorities in Belfast for the game to be staged there have not been forthcoming.

However, Kelly didn't rule out the possibility of a warm-up 'test' for the Australians being played there in the future.

Kelly is also hopeful that it is a probability rather than a possibility that the association will receive government funding for the promotion of hurling after talks with government ministers. A submission is in the process of being drawn up.

Lastly, the Uactharán revealed that inter-county managers and players will be closely consulted at the end of the season on how to further improve the heavily criticised Croke Park pitch.