Down gaelic footballer James McCartan was told today he can have his assault conviction dimissed if he gives €10,000 to charity.
All-Ireland Championship-winning player (33), from Banbridge, Co Down, was ordered to pay €10,000 to a charity nominated by his victim, Westmeath player Kenneth Larkin, whose jaw he broke during a match.
McCartan was also ordered to pay €1,243 in legal costs at Dublin District Court after he was found guilty of assault earlier this month.
The retired footballer, who won All-Ireland medals with Co Down in 1991 and 1994, will not receive a criminal conviction if he pays the money at his next court appearance on January 10th next year.
At Dublin District Court, Judge William Early said it would give him considerable pleasure to then apply Section 1.1 of the Probation Act. He said McCartan was a very fine young man who had been one of the most illustrious names in Gaelic football.
"Apart from the GAA, I've no doubt that Mr McCartan is an impressive man with impressive achievements. It is a sorry business that because of a moment of indiscipline he has come before the court," he said.
McCartan was found guilty of assaulting Larkin in an off-the-ball incident during a challenge game between Down and Westmeath in May last year.
Senior Counsel Mr Michael O'Higgins, representing McCartan, said it had been agreed that once the compensation had been paid Larkin would not take a civil case for damages against his client.
Judge Early said: "I'm delighted to hear that. It shows considerable generosity of spirit on the part of Mr McCartan and Mr Larkin."
Earlier the court heard references to McCartan's good character from a series of high-profile individuals. Senator Maurice Hayes said he had known McCartan and his family for more than 15 years. He described the former Down footballer as hard-working, respectful and very truthful.
The former Minister for Agriculture in the Northern Ireland Assembly, SDLP member Ms Bríd Rodgers, said she had no hesitation in commending him as a man of good and excellent character. In her letter to Judge Early she said she had never witnessed anything approaching "dirty play" from McCartan.
Mr O'Higgins told the court that McCartan was entitled to particular leniency because the consequences of a conviction would be visited more heavily on his client than any other citizen.
"They don't have to go back knowing their name would be top of the (news) bulletin and their shame as a result of the conviction would be aired the length and breadth of the country," he said.
He added that McCartan had a very, very exalted position in the community prior to the case. Judge Early then said he would like to consider applying the Probation Act but in order to do so some restitution should be offered by McCartan in the interests of justice.
After a 20-minute consultation with his client, Mr O'Higgins informed Judge Early that they had reached agreement on compensation with Mr Larkin's representative.
McCartan, who looked downcast during the court appearance, made no comment afterward.