Diarmuid Connolly DRA

paintitwhite

The DRA has released the report on Diarmuid Connolly's appeal. For only the second time in the DRA's history the decision wasn't unanimous. The report is available to read for free on the DRA website.

eezipc

Connolly's defence

"The Claimant and his manager, Mr Gavin, presented a very thorough account
of their version of what happened; noting that in the immediate lead up to the
incident the Claimant had been deliberately checked by his opponent and was
then dragged and pinned to the ground. The Claimant and his manager both
noted that the incident occurred near the (frantic) end to the game and that the
Claimant’s apparent striking action on which the alleged infraction was based
was more a reaction and an attempt to free himself from the grip of his
opponent in order to return quickly to the game, which both parties did
without injury.
The Respondents did not comment on the contents of the video
evidence save to remind the Panel that their role was to decide, applying the
test of unreasonableness, whether the video showed compelling evidence to
contradict the account of the incident in Referee’s Report. "

eezipc

Sub Heading 27:

"This sub-heading encapsulates the final point of the Claimant’s case and was
an argument based on procedural unfairness. The claimant argued that CHC
and CAC’s decisions against the Claimant were in breach of fundamental
principles of fairness and the requirement for consistency in decision making.
The claimant argued that in the 2015 season the CHC (in the Kevin Keane,
Mayo decision of 19 August 2015) and the CAC (in the Seamus Callinan,
Tipperary decision of 16 April 2015) made decisions which are inconsistent and
thus unfair viz the Claimant. (There was also a similar argument made by the
Claimant about the CCCC’s inconsistency in pursuing disciplinary actions
against other players - presumably Mayo players only - arising out of other
incidents in the Mayo v Dublin game of 30 August)."

eezipc

Full report here. It's actually quite interesting.
http://www.sportsdra.ie/documents/DRA15,%202015,%20Award.pdf

eezipc

And the full reasons why he was let off.

"97. The Tribunal finds that the claimant’s right to those fair procedures and natural
justice, causing a prejudice, was breached in many ways including:-
i. The Claimant was not given details of the entire evidence against him
(as was his right under Rule).
ii. The Claimant was not given an opportunity to test that evidence,
particularly, the evidence based on hearsay.
iii. The Claimant was not afforded any right to scrutinise and question the
entire evidence against him.
iv. The Claimant was not afforded the opportunity to present evidence in
support of his position.
v. The CHC erred and failed to take account of potential relevant
considerations to the detriment of the Claimant.
vi. The CHC erred in not exercising their discretion under Rule in making
a request for clarification where it was manifest that it should have been
exercised. "

wackokid

A fine load of 'caca tarbh'

Figsy32

What I find very worrying about the judgment is point 95 which states that because Connolly's suspension would mean he was to miss an All-Ireland semi final, the standard of proof was higher on the disciplinary bodies.

That is a disgrace in my view. It promotes a view of elitism that shouldn't be apart of the GAA and means that incidents which take place in June will be treated differently to those in August.

It is a bad precedent which is very correctly criticised in the dissenting judgement.

Kristopherus

Figsy32 wrote: »

What I find very worrying about the judgment is point 95 which states that because Connolly's suspension would mean he was to miss an All-Ireland semi final that the standard of proof was higher on the disciplinary bodies.

That is a disgrace in my view. It promotes a view of elitism that shouldn't be apart of the GAA and means that incidents which take place in June will be treated differently to those in August.

It is a bad precedent which is very correctly criticised in the dissenting judgement.

Agreed, but the DRA is not part of the GAA. Its independant, is it not? IIRC the video showed Connolly grabbing Keegan and pulling him down.

eezipc

Does anyone know why the time would not have been extended for Connolly to properly prepare for an appeal?
For example, he could be free to play in the Mayo game but then his appeal could be heard in the two weeks up to the Kerry game.

lukin

eezipc wrote: »

Full report here. It's actually quite interesting.
http://www.sportsdra.ie/documents/DRA15,%202015,%20Award.pdf

God reading all that would put me to sleep. I'm glad I didn't go into the legal profession.