McCartan saga helped put GAC on the agenda

Over a year since the incident took place, the GAA's Games Administration Committee meet tonight to consider the most recent …

Over a year since the incident took place, the GAA's Games Administration Committee meet tonight to consider the most recent twist in what we might dramatically term "The James McCartan Affair". But there'll be more on the agenda than that, writes Seán Moran.

The immediate matter, as most people know by now, concerns an incident in which Westmeath player Kenny Larkin sustained a broken jaw during a challenge match between his county and Down.

It was later decided by GAC that McCartan had a case to answer in relation to the incident, which is also the subject of criminal proceedings.

Whereas it would be an exaggeration to describe progress on the matter over the past 12 months as "incident-filled", the case would certainly merit a medium-sized scrapbook for its passing controversies.

READ MORE

Now, after an ironic twist of events, the GAA, instead of investigating the matter, finds itself the subject of scrutiny with the McCartan case only one of a number of searchlights being shone on its activities.

Those with only a casual interest in this sort of thing may wonder why has it taken over a year to get just this far. Well, briefly, here are a few reasons: the referee's report went "missing" for two months; the Garda dropped in on the preliminary investigation and created a storm with Croke Park, who were furious over this unwarranted intrusion; the criminal proceedings slowed things down even more (despite a firm statement from GAA Director General Liam Mulvihill that he didn't believe an internal disciplinary investigation to be incompatible with an ongoing legal process - precedent backed him on this); and then two new witnesses were discovered and a new investigation ordered.

We can infer from this that GAC wasn't forging a new, cutting edge in terms of administrative expedition, but it's possible to feel some sympathy about how the whole thing spun out of control.

While they awaited the referee's lost report last summer, GAC seriously underestimated the sense of grievance in Westmeath, which was inflamed by the sight of McCartan playing for Down while procedures for dealing with his alleged offence dragged on. Meanwhile Larkin was taking food through a straw.

Few doubt that this sense of frustration led to the criminal case being taken and that led to mistake number two: the decision to slow-pedal the process in the light of impending legal action.

Complaints have been made privately that the two neutral witnesses weren't called a lot earlier but again the peculiar circumstances of the match militated against that. The challenge had been hastily convened and Down provided the referee. It was played in Newcastle, Co Dublin, before hardly any neutrals apart from a couple of local umpires.

These match officials, however, weren't mentioned in the referee's report and their existence only came to light subsequently, resulting in the decision to launch a new investigation.

Tonight's meeting will discuss the decision by the Management Committee to allow an appeal from Down, based on GAC's investigating procedures. Apparently the rationale behind this derives largely from Rule 152 (g), which states: "While evidence is being given, witnesses, other than match officials already heard, shall be present at the meeting."

GAC are unhappy about this. Their argument is that whereas Westmeath were called in on their own to restate their complaint, nothing was said then that wasn't repeated when Down's representatives joined the hearing.

This is all debatable but what is clear is that GAC now feels an increasing sense of abandonment. To date the committee has had an unimpressive term of office with inconsistencies and occasional failures of nerve creating uncertainty in the imposition of discipline.

Ironically, on one occasion when they did stand their ground, their decision was scandalously undermined by Central Council.

Armagh's Diarmuid Marsden was sent off in the All-Ireland final in controversial circumstances. He raised an arm, which made contact with the inrushing Philip Jordan, and was sent off for striking, despite arguing that he had acted in self defence.

It was a tight call for referee Brian White and, on a matter of interpretation, he was well within his rights to make the call he did. GAC subsequently imposed the appropriate suspension.

An appeal went to Central Council, despite the fact that such appeals can be based only on misapplication of rules. Armagh were allowed to screen video footage of the incident. This was essentially rehearing the case, something that is entirely outside the remit of Central Council. Yet it was allowed to proceed, effectively hanging GAC out to dry.

It was noted that GAA president Seán Kelly didn't exactly rush to the defence of GAC and more recently he has been at pains to distance himself from the committee.

When asked to comment on complaints of inconsistency against his disciplinary body, Kelly was quick to point out that he has very little say in its composition.

"I didn't put the GAC together. It's the one committee that I have no say in apart from appointing the chairman, which I did, putting Tony O'Keeffe in charge. Maybe that's a difficulty because if you had the opportunity to put people you wanted there, it might be easier to get a truly independent body."

The president has made no secret of his desire to see the GAC's responsibilities split between disciplinary and fixture-making functions, with the former following the Australian Rules model of a small, independent body chaired by a lawyer.

At congress he announced that he would be setting up a committee to look into the functions of GAC. So far that hasn't happened, although an announcement is due soon. Kelly's instincts on the matter are correct and reform is overdue but, in the meantime, the cause of discipline can hardly be advanced by the current situation.

GAC is the only instrument imposing that discipline. Until such time as the structures are changed the president should surely be less dismissive.

As one senior GAA official is fond of cautioning, "Don't slag off the alligator's mother until you've reached the other side."