A six-month suspension imposed by a golf club on an Irish amateur international golfer for allegedly slapping a teenage waitress on the bottom at the club was lifted by the High Court yesterday.
The suspension of Mr Hugh Donnelly was lifted pending court proceedings arising from the alleged incident.
Mr Donnelly, Watermeadow Park, Old Bawn, Dublin, was granted an injunction against South County Golf Club (2004) Ltd, restraining it from implementing a sub-committee's decision to suspend him for six months from December 1st.
The proceedings by Mr Donnelly against the club have been referred to the Circuit Court for a full hearing, which is likely to take place early in the new year.
Mr Justice Kelly said Mr Donnelly's suspension ceased as of now, but there ought to be a trial of the full action as early as possible.
The alleged incident is said to have happened in the clubhouse on September 25th last. The club appointed an independent expert to investigate.
Mr Donnelly, in an affidavit, said he was extremely shocked and upset when he got a letter about the complaint from the club on October 19th. He said he remembered no incident on the night in question.
The investigator interviewed him on October 26th. He denied any involvement in the alleged incident. He told the investigator that it must have been a case of mistaken identity.
The investigator interviewed a number of others and prepared a report, which the board of the club accepted unanimously. There were no independent witnesses to the alleged incident.
On behalf of the club, it was submitted that appropriate and fair procedures had been followed. It was stated that Mr Donnelly had the opportunity to put his position to the investigator.
Mr Justice Kelly said that, on the interlocutory injunction application, the plaintiff had to surmount three hurdles to be successful. He had to show that there was a serious issue for trial; that damages would be an inadequate remedy; and that the balance of convenience lay in favour of granting an injunction.
The judge said he was satisfied a number of serious issues would be dealt with at the trial.
No opportunity had been given to Mr Donnelly to confront his accuser to test the veracity of her evidence, and there had been no hearing on the merits of the case.
Mr Justice Kelly said damages would not be an adequate remedy. Mr Donnelly had said he was unable to eat or sleep and was upset and withdrawn. He said the incident also affected his partner, Ms Evelyn McGrath, the incoming lady captain.
The judge said the balance of convenience lay squarely in favour of the suspension being lifted. If, at the full hearing, Mr Donnelly was ultimately successful, he would not have to serve the suspension. If he failed, he would have to serve out the remainder of the suspension.