Joe Brolly: Banning Tiernan McCann for eight weeks would be ‘unlawful’

RTE pundit Joe Brolly believes there in no justification for such a heavy punishment.

RTE pundit Joe Brolly has spoken out against the proposed

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McCann came in for heavy criticism when he dived during Saturday’s quarter-final - leading to an unwarranted red card for Monaghan’s Darren Hughes.

The CCCC have proposed an eight-week ban for ‘misconduct discrediting the Association’ but Brolly believes there in no justification for such a heavy punishment.

The outspoken pundit expressed his shock when he first heard news of the ban last night.

@PhilipJordan7 you are joking

— Joe Brolly (@JoeBrolly1993) August 11, 2015

Earlier today Brolly, who is a barrister, outlined on Twitter exactly why he believes it to be unlawful.

He said: “The law of statutory interpretation applies to any rule. The lawmaker (Congress) has created a specific offence of simulation with a specific penalty (yellow card).

“Tiernan's only offence, as a matter of law, is simulation, since the lawmaker is presumed to mean what he says.

“If this were not so, then the disrepute provision could be used to override any offence, perverse though that would be. So for example, a striking offence could be charged as disrepute.

“The decision is therefore unlawful. It is a manipulation of the law to punish Tiernan more severely than the law allows.”

@PhilipJordan7 my view is the use of the specific provision is illegal. The law of statutory interpretation applies to any rule 1/4

— Joe Brolly (@JoeBrolly1993) August 12, 2015

@PhilipJordan7 the lawmaker ( Congress) has created a specific offence of simulation with a specific penalty ( yellow card). 2/4

— Joe Brolly (@JoeBrolly1993) August 12, 2015

@PhilipJordan7 Tiernan's only offence, as a matter of law, is simulation, since the lawmaker is presumed to mean what he says 3/4

— Joe Brolly (@JoeBrolly1993) August 12, 2015

@PhilipJordan7 if this were not so, then the disrepute provision could be used to override any offence, perverse though that would be 4/4

— Joe Brolly (@JoeBrolly1993) August 12, 2015

@PhilipJordan7 so for example, a striking offence could be charged as disrepute 5/6

— Joe Brolly (@JoeBrolly1993) August 12, 2015

@PhilipJordan7 the decision is therefore unlawful. It is a manipulation of the law to punish Tiernan more severely than the law allows 6/6

— Joe Brolly (@JoeBrolly1993) August 12, 2015

The proposed eight-week ban would leave McCann unable to participate in the All-Ireland semi-final against Kerry, and would also rule him out of the All-Ireland final if Tyrone were to get thorugh.

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