A Munster junior rugby football club which has been demoted because it allegedly fielded an illegal overseas player has lost a High Court bid to be restored to the higher division.
Abbeyfeale RFC failed to convince Mr Justice Kelly they were entitled to an interlocutory injunction which would restrain the Munster branch of the Irish Rugby Football Union relegating them from division two to division three of the league for the 2002-03 season.
The judge said the dispute arose out of a win by Abbeyfeale, over Ennis. Abbeyfeale had two foreign players, in a division two fixture a year ago.
There was no dispute about approval having been obtained for one man, he said. However, in an affidavit, it was claimed that a second player, New Zealander Michael Foote, had been cleared to play by the Munster branch's junior committee. Abbeyfeale complained that the Ennis objection was never furnished to them and that they knew nothing about it.
The Munster branch contended that it had informed Mr Michael Collins of the objection. Mr Collins was pivotal to all that had transpired as he had a dual role of being fixtures secretary to the Abbeyfeale club and junior secretary to the Munster branch, the judge said.
Notwithstanding the allegations and counter allegations which had been made concerning the part Mr Collins played, it was notable there was no affidavit from him which might elucidate the matters in dispute, the judge remarked.
The Ennis objection was on the first occasion dismissed by the Munster branch on the basis that they were apparently told by Mr Collins that he had seen the relevant passport which would comply with the relevant rules of the IRFU. Ennis pressed their objection and it transpired that Mr Foote would not be qualified to play.
Mr Justice Kelly said the decision to demote Abbeyfeale had been put into effect and the fixture list for the season was prepared on the basis that Abbeyfeale was now in the third division.