Judgment is reserved until November 1st as 'the case needed scrupulous consideration'
An All-Ireland footballer told the Dublin District Court yesterday that he had not realised he had broken another player's jaw during a game and thought he was feigning injury.
Mr James McCartan denied he broke the other player's jaw by hitting him directly in the face with his clenched fist.
Mr McCartan, (32), of Banbridge, Co Down, is charged with assaulting Mr Kenneth Larkin, Athlone, Co Westmeath, on May 25th last year at a friendly challenge match between Down and Westmeath in Newcastle, Co Dublin.
The case involving Westmeath and Down GAA players, is one of the first of its type to come before the courts.
Judge William Early reserved judgment until November 1st. He said he did not think he could give a fair verdict without further thought. The case needed scrupulous consideration and he was aware of the impact it would have on both parties. Mr McCartan, an engineer, said he had played for Down at various levels and was on a team that won an All-Ireland final.
The incident took place 10 to 15 minutes into the game and he was being marked by Mr Larkin. "I was being pulled and hauled back, nothing malicious, he was pulling my shirt, dragging me by the shoulders. He is quite a bit taller than I am," Mr McCartan said.
"Ken had his arms over my shoulders, I was trying to break free. I was swinging my arms at that stage. I later learned I must have made a connection. His arms were nearly enveloping me. Both my arms were going in both directions," he told the court.
Mr Michael O'Higgins SC, for Mr McCartan asked if he made a remark as alleged that Mr Larkin was not man enough to take it.
"At this juncture, I thought Ken was feigning injury and trying to get me sent off or in trouble with the ref, and I was quite irate. I was going to go over and grab him by the shirt," Mr McCartan said.
The Westmeath manager, Mr Luke Dempsey came on and asked him what he was doing, Mr Larkin was only 19.
"I didn't think there was much wrong then and I said if he was not old enough, he shouldn't be there," he said. Afterwards, he went to Mr Dempsey and apologised for the injury.
Mr O'Higgins put to him the evidence of Mr Larkin and Mr Aidan Lennon, the Westmeath goalkeeper, who both said Mr McCartan punched Mr Larkin in the face. "That's not true," Mr McCartan replied. Under cross-examination by Mr Vincent Deane, solicitor for the DPP, Mr McCartan said: "I don't remember the point of contact. I do remember I didn't turn around."
Asked why he apologised, Mr McCartan said: "It was not a huge jump to surmise I was the one who caused the injury. I was the one he was marking."
Mr Gerard Nolan, Down team physiotherapist said Mr McCartan started to make a run for the ball and Mr Larkin had both arms over his shoulders. Mr McCartan attempted to get away. He shook his torso, his arms and elbows.
He did not see Mr McCartan make elbow contact with Mr Larkin's face, but he saw Mr McCartan flailing his elbows and that was when Mr Larkin went down.
"At no stage did Mr McCartan face Mr Larkin," he said.
Earlier, Judge Early dismissed an application by Mr O'Higgins to stop the case on the grounds that, as the gardaí had not interviewed more witnesses, the trial was unfair.