A Gaelic footballer who was suspended for 12 weeks last month for alleged misbehaviour during a game has lost his High Court bid for an order which would have permitted him play in an intermediate championship final tomorrow.
Ms Justice Carroll yesterday refused Mr Andrew Gallagher's application for an injunction requiring the GAA authorities to let him play.
Mr Gallagher (26), an oil distributor, is player-manager of St Naul's, Mountcharles, Co Donegal, and had sought to have his suspension lifted to enable him to play in tomorrow's Co Donegal intermediate final. His proceedings were against Donegal County Board GAA which opposed his application.
Mr Gallagher had been given leave on Thursday to seek an injunction against the county board, the Ulster Council and the Central Council of the GAA.
Yesterday, Ms Justice Carroll was told that the Ulster Council and Central Council had not been served with notice of the proceedings and the case proceeded only against the county board.
After refusing the injunction, the judge adjourned an application by the county board for its costs of the hearing. She was told two officials of the board had travelled from Co Donegal to attend court.
The judge said she would deal with costs in January next when it would be known if the case was proceeding further.
In an affidavit, Mr Gallagher said there was a melee during a Donegal All County League match between St Naul's and Burt on July 4th last. He was at the match but was not playing. From the referee's report it appeared the referee asked a person who was particularly vociferous whether he was the St Naul's manager and that person said he was.
Mr Gallagher said he personally was never asked by the referee whether he was the manager and had never said to the referee that he was the manager. On July 15th last, he had attended a disciplinary meeting which was adjourned to last month. He denied he had behaved in the manner alleged in the referee's report.
After the July 4th match, St Naul's qualified to play Glenswilly in the intermediate championship semi-final. There was also a vital promotion clash in the All County League in which St Naul's were to play Glencolumcille. Those other two clubs had representatives on the committee which was adjudicating on his case, he said.
In an affidavit, Mr Charlie O'Donail, chairman of the Donegal county board, said it was proposed and seconded at the September meeting that Mr Gallagher be suspended for 12 weeks and that St Naul's be fined €1,000.
The committee had acted in a fair and impartial manner in hearing the complaint and in reaching a decision.