Gaelic Games News: Surprise and some strong reactions followed yesterday's confirmation that the GAA's Games Administration Committee (GAC) are no longer investigating the alleged assault incident involving Down footballer James McCartan.

The news will be a cause of embarrassment to the GAC, who had been investigating the matter for almost a year. The alleged assault happened on May 25th last year during a challenge match between Derry and Westmeath, which left a Westmeath player with a broken jaw.

McCartan was alleged to have assaulted defender Kenny Larkin, who had to have three steel plates inserted in his jaw.

The initial investigation by the GAC, which ended in February, failed to make a ruling on the case. Instead, the committee called for a reinvestigation. The Down County Board appealed that decision to the GAA's Management Committee, who met last Friday night.

Yesterday it was announced that the appeal was upheld, and McCartan wouldn't be pursued further by the GAA.

The only reason given by the GAA for the successful appeal was that "Rule 152 of the Official Guide was misapplied by the Games Administration Committee", but Down secretary Donal McCormack, who was behind McCartan's appeal, was able to throw some further light on the matter.

The appeal, said McCormack, was made on four grounds. The main concern was that the case was to be reinvestigated with the same three committee members. They also challenged the fact that the Ulster Council were not prepared to lift the charge while the hearing was suspended, and the Westmeath officials were heard prior to the Down officials.

"To be honest we've not been told if one or two or all the reasons for the appeal were upheld," said McCormack, who attended Friday's meeting along with McCartan.

"I'd say most of all we felt it would be unfair for James to be heard again by the same three people. A complete reinvestigation should have said that. That to me was like him going in with his two hands tied behind his back. I mean by definition you can't have a whole new investigation with the same three people."

For Westmeath secretary Paddy Collins, who had fought hard to bring the case before the GAC in the first place, the outcome was obviously far from satisfactory: "We're very surprised at this," he said, "and very disappointed. As far as we were concerned this was a case of a young player being very seriously injured, and we felt justice should be done. But that doesn't appear to be the case.

"And I know when word of this gets around Westmeath there'll be a lot of people that won't be happy with this outcome. We've obviously got no idea what part of the rule was misapplied, and only Croke Park can make the clarification on that. And maybe they should, so that other counties can be sure they're not misapplying the rule either."

Larkin has now recovered, having since completed his Garda training and is back playing with his county.

In the meantime though, McCartan is not totally in the clear as Larkin has brought a legal case against him, which will be heard in Dublin District Court on October 21st-22nd and 26th.

Rule 152 refers to investigation procedures, and has 10 sub-rules, listed (a) to (j). It has not been revealed how, or to what extent those procedures were misapplied by the GAC, but the matter clearly represents another blip in the committee's operations since Tony O'Keeffe took over as chairman last year.

Over the course of the GAC investigation McCartan (33), was dropped from the Down senior panel, partly, according to McCormack, of his own volition because of the burden of the case. It remains to be seen if the man who won All-Ireland medals in 1991 and 1994 will make one last return to intercounty football.

McCormack admitted the nature of the case's conclusion was not ideal: "To be honest, I'd rather have won it and I know James would rather have won it on the basis of the fact that he's innocent. There was never any doubt in my mind he was. But the GAA works in its own way and we have to follow that pattern.

"But it is a pity the whole thing has gone the way it has, and that it had to go down the road it has. Still, we never sought any publicity on the case. We could have contacted the media on Friday night, to sort of blow our trumpet on this. But we didn't."

Other decisions made by Management Committee on Friday night included the approval to appoint personnel to serve on the committee established by GAA president Seán Kelly to consider the brief and terms of reference of the GAC. Kelly is intent on separating the GAC's responsibilities for discipline and fixtures.

It was also announced that Seán Donnelly of Dublin has been added to the National Coaching and Games Development Committee as part of the implementation of the Strategic Review Committee report.

Several recommendations will also be put to this weekend's Central Council meeting, one arguing for a team management representative to be allowed on the opposite side of the field to the team manager for player communication purposes, and another regarding the sliotars to be used in the upcoming championship.