An All-Ireland-winning footballer broke the jaw of another player during a challenge match, the Dublin District Court heard yesterday.
The case, involving Westmeath and Down GAA players, is one of the first of its type to come before the courts.
Mr James McCartan, Banbridge, Co Down, is charged with assaulting Mr Kenneth Larkin, Athlone, Co Westmeath, on May 25th last year at a friendly challenge match between Down and Westmeath in Newcastle, Co Dublin.
The case opened yesterday morning but in the afternoon, Mr McCartan's legal team asked Judge William Early to stop the proceedings. Mr Michael O'Higgins SC, said the gardaí had not interviewed enough witnesses. The trial was "manifestly unfair" and could not continue, he said.
Mr Vincent Deane, solicitor for the DPP, will respond to Mr O'Higgins's submission this morning before Judge Early rules on the issue.
Earlier, Mr Larkin told the court that three steel plates were inserted in his jaw and he had to drink from a straw for four weeks after the incident. He was a trainee garda at the time and feared that the injuries would affect his passing-out.
Mr Larkin was playing at full-back and Mr McCartan was playing at full-forward when the incident happened. They were about 10 minutes into the game when the ball came in the direction of the Westmeath goal. "James gave me a tug to get in front of me and I gave him a tug back . . . we were both holding each other's jerseys and wouldn't let go," Mr Larkin said.
At that stage, the ball was intercepted by a Westmeath player and kicked up the field.
Mr McCartan was standing slightly in front of him to his right. "He looked over his shoulder and took a step towards me. He was facing me at this stage and he struck me with his clenched fist to the bottom of the chin. I immediately hit the ground."
He knew that his jaw was broken as he could feel "the bones shattering inside my jaw".
The player said he heard voices above him and heard the then Westmeath manager, Mr Luke Dempsey, saying something along the lines of "What do you think you are doing?" and Mr McCartan saying words to the effect that "if he's not man enough to take it, he shouldn't be on the field".
He was brought to Naas General Hospital and later admitted to St James's Hospital. His jaw was broken in two places. "It was awful bad pain, it was serious bad pain," he said.
Mr O'Higgins asked why Mr Larkin had not made a complaint to the Garda for a month after the event. "Judge, I was hardly able to speak at this stage," he replied.
Mr O'Higgins said Mr McCartan would say that any time the ball came near him he was being held back by Mr Larkin. He then had to break free.
Mr Dempsey told the court that the Down player came over to apologise after the incident but he told him he was a disgrace. He later felt bad about this and followed Mr McCartan into the dressing room and accepted his apology. He asked the player why he did it and Mr McCartan reportedly said "there was pulling and dragging and when I turned around and hit him, I knew I had done harm". Mr Dempsey said he couldn't be sure if they were the exact words.
Mr Aidan Lennon, the Westmeath goalkeeper, said he saw Mr McCartan turn and strike Mr Larkin with a closed fist. Mr O'Higgins said Mr McCartan would say that he told the goalkeeper that he was sorry and that Mr Lennon said "these things happen in football". Mr Lennon denied this conversation took place.
