Carton case to be reheard

Dublin hurler Peadar Carton is to have his case reheard this week

Dublin hurler Peadar Carton is to have his case reheard this week. Originally suspended for eight weeks after a foul on Tipperary's Paul Curran in last month's All-Ireland qualifier, Carton succeeded in appealing the suspension to the GAA's Central Appeals Committee, who found there had been technical flaws in the case against the player but referred the matter back for a rehearing.

The technicality involved whether the Central Competitions Control Committee (CCCC) had been validly convened according to rule - it had conducted its deliberations by telecommunication, phone and email - rather than gathering in a single location.

Furthermore one member of the CCCC from Tipperary, Michael O'Brien, had been sent an email even though he played no part in the decision to propose Carton's suspension.

The Central Hearings Committee heard the case and imposed the suggested suspension but under the CAC decision to allow the appeal, the case has now been referred back to the CCCC.

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It is believed the committee will reconsider the matter either this evening or tomorrow evening and if they come to the same conclusion as some weeks ago, the CHC will hear the matter shortly - assuming Carton opts for a personal hearing should the suspension be reimposed.

There are procedural issues for the GAA to address.

Firstly, will the CCCC be obliged to meet under the one roof given the decision by the CAC?

Secondly, the CHC may have to appoint an independent hearings body to deal with the matter this time around, as the original committee could not be asked to hear the same case twice.

There is an element of urgency here in that Dublin have qualified for the All-Ireland under-21 final, scheduled for September 9th.

Controversially, Carton has already played in this year's Leinster under-21 final, because the charge wasn't brought against him quickly enough, and also last Saturday's All-Ireland semi-final against Derry, as his rehearing wasn't organised in the week between the successful appeal and last weekend.

The embarrassment to the GAA in this has been exacerbated by the broadcast of the original incident on television and Carton's scoring of a goal in each of the recent matches.

That he might have further immunity to play in an All-Ireland final would make a laughing stock of the carefully constructed new disciplinary procedures.

There is a view within the association that the decision of the CAC to allow the appeal was in itself flawed but Dublin sources are equally confident a rehearing in the circumstances will be legally unfeasible.

So there is a strong chance Carton's eligibility to play in Dublin's first final at the grade in 35 years will be ultimately determined by the Disputes Resolution Authority.

The CCCC will be busy this week with the case of the Cork footballer Noel O'Leary up for discussion. O'Leary was seen on camera punching Meath's Graham Geraghty but received only a yellow card from referee Brian Crowe, who had been dealing with another incident at the time and had to rely on his linesman's advice in respect of the O'Leary incident.

It will be up to the CCCC, should they wish to pursue the Cork player ahead of next month's All-Ireland final, to contact the referee and ask him if he is satisfied that a yellow card was sufficient response to the incident.

If Crowe were to be of the opinion that it was a red-card offence, the matter would then be pursued by the CCCC.

Seán Moran

Seán Moran

Seán Moran is GAA Correspondent of The Irish Times