THE High Court was yesterday asked to decide if the captain of a rugby side, injured in two matches, was in fact a member of the club and, if he was, whether he could sue the club for damages.
Mr Justice Morris was told Mr Barry Walsh (28) received head injuries when playing for Bandon Rugby Club, Co Cork, on March 25th, 1990, and April 12th, 1990.
Mr Daniel O'Keeffe SC, for Mr Walsh, said he had suffered substantial brain damage and had to be taught how to walk again. He also had a speech impairment. He was not the same man and was in sheltered employment. Mr Walsh would not be in a position to give evidence.
Mr Walsh, whose father, Mr Jerry Walsh, was an Irish international player, is suing the trustees of the Irish Rugby Football Union and the IRFU itself the trustees of the Munster branch of the IRFU and the Munster branch the Munster Association of Referees the trustees of Bandon Rugby Club and the club itself.
The court is being asked to decide as preliminary issues whether Mr Walsh was a member of the club at all and if by reason of his status as a member whether he is entitled to maintain his claim against it.
Mr Michael McMahon SC, for the Bandon club, said that on the two occasions, Mr Walsh was playing for Bandon RFC's 1st XV. The case he made was that he received head injuries on the first date and should not have been allowed play on the second date when he sustained a serious injury.
Mr McMahon said the club was most sympathetic to Mr Walsh's plight, but the club's defence was that in law, Mr Walsh was not entitled to sue it.
The club was about 114 years old and for many years had no written constitution or anything of that nature. In the 1970s, it acquired a pitch and premises. In order to make an application for licences it had to adopt a constitution. It adopted a constitution it received from the Cork Constitution club.
The constitution made provisions for the election of members and payment of subscriptions. In fact, none of the members of the club went though that procedure. There was an air of informality about how to become a member and many came up through the junior ranks. The collection of subscriptions could be described as haphazard.
Mr McMahon said the year the accidents happened, Mr Walsh had be en voted vice captain. During the season, the captain was injured and Mr Walsh was voted hill playing captain. In the season prior to his injury, Mr Walsh had received the club's man of the year award.
Records for the 1987-1988 season showed Mr Walsh was recorded as having paid his subscription, which was £5 at the time. His name had been forwarded to the IRFU as a member of the club. The IRFU had an insurance policy for affiliated clubs. The insurers took the view that the scheme did not apply to Mr Walsh as he was not totally disabled, although he was very badly injured.
Mr Niall O'Driscoll, the club's treasurer, said he was coach and secretary of the 1st XV at the time of Mr Walsh's accidents. He had a record of Mr Walsh paying a subscription in 1987-1988 and another, which was undated, showing him paying a sub which he assumed was for 1988-1989.
Each year, 5 to 10 per cent of players would never pay a subscription. He did not think anybody was ever "thrown out" for not paying. Mr O'Driscoll said he did not have a specific record of Mr Walsh having paid a subscription in the year he was injured.
A list of the players had to be sent to the IRFU through the Munster branch. Mr Walsh's name had been forwarded. The list would cover between 80-100 players at different levels. As far as he (Mr O'Driscoll) was concerned, Mr Walsh was a member of the club.
Cross examined by Mr O'Keeffe SC, for Mr Walsh, Mr O'Driscoll said that if a member had not paid his subscription by the time of the a.g.m., he was not allowed to vote. He agreed that there were players who had played who had not paid their annual subscription.
Mr O'Driscoll said Mr Walsh was an exemplary member. He still regarded him as a member of the club even though he had not paid his subscription since the injury. He was always a great club member and a great friend of the club.
The hearing continues today.