GAA star to make donation after player assault
Terminally-ill patients could benefit from a €10,000 donation made by an All Ireland-winning footballer to avoid a criminal conviction for breaking the jaw of another player, it emerged tonight.
James McCartan, aged 33, from Banbridge, Co Down, is to pay the money to the Portlaoise Lions Club, a charity nominated by his victim, Westmeath footballer Kenneth Larkin.
The 21-year-old garda also undertook not to pursue a civil case for damages against McCartan for the off-the-ball assault, which took place during a challenge game between Westmeath and Down last May.
Judge William Early told Dublin District Court he would apply the Probation Act to McCartan instead of convicting him if he paid the €10,000 donation to Portlaoise Lions Club.
He also ordered the former All Star to pay €1,243 in legal expenses.
The Portlaoise Lions Club, which supports the Laois Hospice, the Laois Society for the Blind and Portlaoise Hospital, said the money would be very welcome.
“We’re absolutely delighted that Kenneth Larkin has considered us for this donation. It will certainly be put to good use for local charities,” said spokesman David Clegg.
McCartan was found guilty of assaulting Larkin three weeks ago, in one of the most high profile cases involving a Gaelic Games Association (GAA) player.
Judge William Early said it would give him considerable pleasure to apply Section 1.1 of the Probation Act.
He said McCartan was a very fine young man who had been one of the most illustrious names in Gaelic football.
“Apart from the GAA, I’ve no doubt that Mr McCartan is an impressive man with impressive achievements. It is a sorry business that because of a moment of indiscipline he has come before the court,” he said.
The retired footballer, who won All-Ireland medals with Down in 1991 and 1994 will not receive a criminal conviction if he pays the money at his next court appearance on January 10 next year.
The court heard references to McCartan’s good character from a series of high-profile individuals.
Former Northern Ireland Ombudsman Senator Maurice Hayes said he had known McCartan and his family for more than 15 years.
He described the former Down footballer as hard-working, respectful and very truthful.
“He was one of the best forwards of his time, probably one of the best corner-forwards ever.”
He said he had attended all the games McCartan played during his Down career and had seen him take a lot of abuse from defenders who were intent on stopping him.
“I never, ever saw him retaliate,” he said.
“He was a role model for youngsters in Co Down. He was widely admired for his skill and in particular the way he played the game.”
However, Mr Hayes said he abhorred dirty play and did not in anyway condone it.
The former Northern Ireland Agriculture Minister Brid Rodgers, said she had no hesitation in commending McCartan as a man of good and excellent character.
In her letter to Judge Early she said she had never witnessed anything approaching “dirty play” from McCartan.
John Farrell, the president of the University of Ulster, said McCartan was one of the most talented and exciting forwards he had ever seen.
He said he frequently witnessed McCartan playing for Queen’s University, Belfast in the Sigerson Cup where he was subjected to ferocious late tackles from defenders.
“Despite serious provocation I never saw him react,” he said.
A local priest and friend of the McCartan family said the player had never received a red card while playing for his club or county.
Mr O’Higgins told Judge Early the submissions indicated that his client came to court with a significant body of credit.
He noted that Judge Early himself had referred to the fact that Larkin’s marking style had caused McCartan a strident degree of irritation prior to the incident.
He said it was an inescapable fact that McCartan had been provoked by this when he turned round and hit Larkin in the jaw with his right fist.
At the time, McCartan was nearing the end of his long career as a forward with Down, while Larkin was beginning his as a full back with Westmeath.
Larkin has since returned to club football and represented Castledaly in their unsuccessful bid to win the Westmeath County final earlier this month.
Mr O’Higgins said McCartan was entitled to particular leniency because the consequences of a conviction would be visited more heavily on him than any other citizen.
“They don’t have to go back knowing their name would be top of the (news) bulletin and their shame as a result of the conviction would be aired the length and breadth of the country,” he said.
He added that McCartan, who is a qualified engineer, had a very, very exalted position in the community prior to the case.
Judge Early then said he would like to consider applying the Probation Act but in order to do so some restitution should be offered by McCartan in the interests of justice.
After a 20-minute recess Mr O’Higgins informed Judge Early he had contacted Larkin. McCartan would make the 10,000 donation to the Portlaoise Lions Club and Larkin would not pursue any civil proceedings against him.
Judge Early said: “I’m delighted to hear that. It shows considerable generosity of spirit on the part of Mr McCartan and Mr Larkin.”
McCartan, who looked downcast during the court appearance, made no comment afterwards.
