A rugby fan who claims he was injured after he was allegedly tripped by a steward when he ran on to the pitch at Béziers, France, to congratulate the Munster rugby team after the Heineken Cup semi-final in 2002, has brought a High Court action for damages.
Niall Lacey (33), John's Well Road, Kilkenny, claims his elbow was dislocated after he was tripped as he ran on to the pitch with other fans after the semi-final clash between Munster and Castres at Béziers on April 27th, 2002.
Mr Lacey has brought proceedings against the event organisers, European Rugby Cup Ltd, St Stephen's Green, Dublin, and Brook Travel Limited, trading as Stephen's Green Classic Sports Travel, Main Street, Donnybrook, Dublin. The defendants have denied the claims.
The court heard that ERC Ltd had organised a match at Béziers in France in which Munster were scheduled to play Castres on April 27th, 2002.
Mr Lacey, a self-employed electrician, claims the match outcome was an outstanding victory for Munster against the French side and he and many other Irish supporters entered the playing pitch to mingle with the players. He claims he was tripped by a steward and fell heavily.
The incident was due to negligence and breach of duty of the defendants, their servants or agents about the care, control, management, maintenance and supervision of the match, he claims.
He also claims there was a failure to ensure that the pitch was secure or that the stewards attending the match were competent and properly trained in techniques for controlling fans. A steward was permitted, he alleges, to utilise a crude and dangerous form of control - tripping - to prevent Mr Lacey from straying on to the pitch.
ERC Ltd pleads that if Mr Lacey did suffer an injury, which is denied, he had contributed to it by entering on to the pitch when he knew or ought to have known that was not permitted.
David Kennedy SC, for Mr Lacey, said 9,000 Munster fans were in Béziers. At the end of the match, Mr Lacey and other Munster fans went on to the pitch through an open gate.
There appeared to be a very heavy-handed attitude adopted by the stewards, Mr Kennedy said. There was no suggestion Munster fans were acting violently in any way, they were merely on the pitch to take pictures, congratulate the players and do the lap of honour with them.
In evidence, Mr Lacey said that in the final two minutes of the game, he and his friend went down the terraces where Munster fans were congregating on the lower levels. They wanted to join in. They saw a gateway opened and entered the pitch with other fans.
He was only five metres on to the pitch when his legs were "aggressively swept" from under him, he said. He fell on his left elbow. "My legs were kicked from under me. I saw other Munster fans on the pitch. It happened so fast. I was taken by stretcher to the medical centre and then to hospital."
He got a flight home that night. His elbow was in a sling for four weeks and he could not carry out manual work for eight weeks.
In cross-examination, Mr Lacey said he did not scale a fence but went through an open gate. There were no signs or an announcement not to go on the pitch, but he agreed it was foolhardy to go on the pitch.