Brennan secures injunction restraining ERC inquiry
The Toulouse player claimed he was concerned for his rights should the disciplinary hearing “be steamrolled through in advance of the determination of a criminal complaint in France” by Ulster fan Patrick Bamford.
A disciplinary inquiry was put in place after an off field incident at the Heineken Cup tie when the 33-year-old Dubliner, capped 13 times for Ireland, was allegedly involved in an off-field incident in which an Ulster fan was assaulted.
Granting the interim injunction until 2pm today when European Rugby Cup Ltd, the company responsible for the European rugby competition are expected to be represented in court, Mr Justice Iarflaith O’Neill said his concern was the potential impact the inquiry could have on potential criminal proceedings in France.
In his affidavit to the court Mr Brennan said that in a statement on January 24, 2007, Ulster fan Patrick Bamford said he has placed the matter of criminal proceedings in France with his lawyers there.
Mr Brennan said any criminal proceedings could be prejudiced by the disiciplinary hearing due to take place in Dublin that day (yesterday).
He said there are two procedures running in tandem, the criminal investigation in France and the ERC disciplinary hearing.
He said his right to silence could be prejudiced and he was the only party who could be prejudiced if the disciplinary inquiry proceeded.
The disciplinary hearing he contended is “being steamrolled through in a wholly un-judicial and arbitrary fashion”.
He said his defence would also not be ready in time and his counsel, Jim O’Callaghan BL, said if the inquiry took place today there would be no witnesses on Mr Brennan’s side.
In his affidavit, Mr Brennan said at the match he was involved in an altercation with an Ulster supporter. He said as a result of the altercation a disciplinary inquiry by the ERC disciplinary officer was set up.
The officer wrote to Stade Toulousain on January 22 stating a complaint had been received from Ulster in relation to Mr Brennan another Stade Toulousain player, Gareth Thomas.
The letter commencing the disciplinary process attached articles from the media and photos relating to the misconduct allegation.
Three days later, Mr Brennan said the chairman of ERC Discipline Panel wrote to Stade Toulousain informing him he had a appointed a disciplinary committee to hear the misconduct allegation on Feb 1.
Further details of the misconduct complaint, Mr Brennan said were e-mailed on January 26 including a statement from Mr Bamford alleging assault by Mr Brennan along with seventeen statements from Ulster supporters and five statements from Toulouse fan.
When an adjournment was sought on the grounds it would not be possible for a defence to be prepared in that time and Mr Brennan’s wife was due to give birth to their third child in the first two weeks of February, it was turned down.
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