DEFENCE LAWYERS have asked a judge to dismiss the case against two Co Louth men accused of attacking a referee after the controversial 2010 Leinster senior football final because he has withdrawn his complaint.
Referee Martin Sludden was confronted by Louth fans after he allowed a goal for Meath in the closing seconds of the match at Croke Park. Meath went on to win the match against Louth.
Joseph Conlon (23), Haggardstown, Dundalk, and Paul Grimes (50), Willowdale Bay Estate, Dundalk, have denied charges of assaulting Mr Sludden at Croke Park on July 11th, 2010.
In Dublin District Court yesterday, Judge Bridget Reilly heard that Mr Sludden had made a complaint to gardaí but later withdrew it, and that the prosecution was relying on video evidence.
Footage obtained from the RTÉ sports department was viewed in court. The clips showed supporters pouring on to the pitch and remonstrating with Mr Sludden after the final whistle. They also showed him pushed and jostled by Louth fans.
Two Louth-based gardaí told Judge Reilly that they recognised the two defendants when they saw television coverage of the match.
Garda Sgt Shay Roche of Mountjoy station was on duty at the stadium at the final. He told Judge Reilly that a large number of supporters were acting “erratically” on the pitch. He brought Mr Conlon to the players’ tunnel to record his details. He said Mr Conlon was agitated and gave an incorrect address before he was walked out of Croke Park.
On a later date, Sgt Roche interviewed him and showed him the TV footage. Mr Conlon identified himself in the video. “I saw myself pushing the referee. I had no intention of doing anything to the referee except telling him what I thought.”
Garda Sgt PJ Reynolds said a number of players and supporters were on the pitch remonstrating with the referee. Mr Sludden began running and “my duty of care was to get him off the pitch”.
Lawyers for both defendants asked the judge to dismiss the case. They argued that under section two of the Non-Fatal Offences Against the Persons Act, the prosecution needed to prove that the complainant did not give consent for force to be used against him.
They said the referee had withdrawn his complaint and was not present for the hearing yesterday.
Solicitor Michael Durkan, for the State, argued that the case could proceed. The court could note events shown in the television footage evidence, the demeanour of the referee and that he ran off the pitch.
Judge Reilly adjourned the case to March to consider the defence argument. “Logic and common sense might say one thing, the law could say something quite different,” she said, “and I want matters to be plain and full consideration to be given.”