UL GAA row not to go to Supreme Court
Three members of the University of Limerick Hurling club have decided not to appeal to the Supreme Court the decision to remove an injunction that prevented the GAA from holding a disciplinary hearing over the alleged illegal participation of a player in a third level hurling game.
On Thursday Mr Justice Thomas Smyth agreed to an application brought by the GAA to discharge the interim injunction, granted to Dr Peter Tiernan, Chairman, Brendan Bulger, Club Secretary and Clare senior hurler, and player Kieran Joyce of the University of Limerick's hurling club.
Shortly afterwards it was indicated that they would return to the Supreme Court on Friday to have the injunction reinstated. However today the three's solicitor Mr Eugene Carey said it had been decided not to go ahead with that appeal.
The injunction stopped the GAA Central Hearing Committee holding a meeting over Mr Joyce's participation in the College's Intermediate Hurling Final, which was pencilled in for last Tuesday night.
The outcome of that hearing could have resulted in 12-week suspensions being imposed on all three applicants.
Mr Carey said that the three now intended to attend the CHC's meeting, which had been reconvened for tonight at Croke Park.
Subject to the outcome of that hearing. Mr Carey said it was hoped that a process of arbitration could be entered into on Saturday.
One of the three, Brendan Bulger is a member of the Clare senior hurling team, which is due to play Galway in an All Ireland Hurling Qualifiers tomorrow. Had the suspensions been imposed he would not be able to play in that game.
According to Mr Carey Mr Bugler's participation in that game will depend on what happens at the CHC hearing and any subsequent arbitration.
On Thursday at the High Court Mr Justice Thomas Smyth said that he was satisfied to discharge the order because the requirements of making ex parte applications had not been observed and that certain matters had not been put before the courts.
That ruling came after Mr John O'Donnell SC for the GAA said the injunction should be set aside on grounds including that the application to the court did not contain any references to the GAA's independent arbitration mechanism, the Dispute Resolution Authority (DRA) or the Dispute Resolution code.
Had the court known about the existence of the GAA's internal dispute mechanism, counsel said, the order would not have been granted.
Last Tuesday in an affidavit opened before Mr Justice Vivian Lavan UL Hurling Club Chairman Dr Peter Tiernan said that all the applicants are facing suspensions arising out of UL's game against Limerick Institute of Technology in the Colleges Intermediate Hurling Final.
Before the game the club checked out the eligibility of Kieran Joyce with Croke Park and were advised that he could play.
Dr Tiernan said that through inadvertence information that Kieran Joyce had played in the Fitzgibbon Cup on March 7th was not relayed to Croke Park.
The GAA said that Mr Joyce had played illegally and each of the defendants would be suspended for twelve weeks.
The club was told that they had the right of appeal by requesting a hearing before the Central Hearing's Committee, which they chose to exercise.
A hearing was scheduled for June 29th last. UL requested an adjournment because some of the parties involved were unavailable.
The GAA, he said, agreed to a short adjournment but contacted the club to say that the hearing would take place on July 3rd.
As a result of that Dr Tiernan claims the club were not offered any fair or adequate opportunity to present their case.
