A Galway footballer was jailed for nine months yesterday after the GAA failed to come up with compensation for a player he struck and seriously injured during "a moment of madness" in a junior club match.
At Headford District Court Judge John Garavan said "this kind of thing" was becoming more common on the sports field, and if courts did not stamp it out they would be failing in their duty.
The court was told that Mr Michael Dunleavy (35) sustained a serious brain injury and lost the power in his right arm and face after being struck in the jaw by John Joe Greaney (21) of Newline, Caherlistrane, during a junior football match between Caherlistrane and Kilkerrin-Clonberne at Caherlistrane, near Tuam, on June 6th last year.
Greaney was charged with intentionally or recklessly causing Mr Dunleavy serious harm. He pleaded guilty to striking him, but claimed it was never his intention to cause harm.
Evidence was heard last December and was adjourned for four months by Judge Garavan to see if the GAA could provide compensation for the injured player.
The judge was told that Mr Dunleavy had been knocked unconscious on the field and had to be admitted to the intensive care unit of University College Hospital, Galway.
Mr Dunleavy spent 13 days in hospital. His solicitor, Mrs Karen Hughes Mulkerrins, said he still had to be under constant supervision. He had lost his ability to be a husband and father, his spine was curving and he had no career.
Mrs Marion Higgins, defending, said the defendant was not able to pay substantial compensation but his club had offered the Dunleavy family £500 at Christmas which was not accepted. She had contacted the GAA head office and was informed it did not pay compensation.
However, it had an injury scheme which allowed for payment of up to £25,000 once medical evidence of injury was submitted. The application for some of this would have to be made by the injured party. The GAA, she said, would be very disposed to making a payment once evidence was produced.
Judge Garavan said this was totally inadequate.
Garda Insp P.J. Durkin said the victim was upset at the way in which the incident had been portrayed at the previous hearing where he was cited as the instigator of what happened.
At the last hearing, it was stated that with only minutes to go Mr Dunleavy, a player on the Kilkerrin-Clonberne team, committed a foul on a member of the opposing team and a melee developed. Players from both teams converged. A shouting match developed between Mr Dunleavy and the defendant's brother, who was an epileptic, and on seeing this the defendant ran up and struck Mr Dunleavy in the jaw.
Mrs Hughes Mulkerrins said the Dunleavy family were not happy with the attitude of the defendant, his club or the GAA. An attempt had been made to take away her client's good name by stating at the last hearing that he had kicked another player on the ground. She added that to date Mr Dunleavy had received £2,800 from the GAA injury fund but it was "fiercely difficult" to get it and would be extremely difficult to get any more.
She said she had been refused a copy of the referee's report and was not informed of the outcome of the GAA's disciplinary hearing, though she believed Greaney had been given a life ban.
The defendant had not apologised to the Dunleavy family.
Judge Garavan refused to suspend the nine-month sentence, pointing out that it could be appealed and in the meantime some compensation might be found. Recognisances were fixed in the event of an appeal.