A Circuit Court judge said yesterday that no organisation was above the law and directed a number of named people involved with the GAA to give evidence in the District Court in relation to an alleged offence gardaí are investigating.
Judge Raymond Groarke was told the Garda investigation into the incident had not progressed as far as they would have liked because of what State Prosecutor Mr Kevin Segrave said was the absence of co-operation from the GAA.
The application for the order under Section 4(f) of the Criminal Procedures Act 1967, as amended by the Criminal Procedures Act 1999, was made by Mr Segrave in relation to a case brought by the DPP.
Mr Martin King, with an address at Richardstown, Dunleer, is before Dundalk Circuit Court charged with assault causing harm to Mr David Thornton arising out of a Gaelic football match at Clan na Gael, Ecco Road, Dundalk, on November 19th, 2000.
The victim alleges he received a blow to his jaw in the course of a football match and the GAA has refused to provide the Garda with documentation or assistance, Mr Segrave told the court.
As a result, the DPP had directed that the application be made to the Circuit Court for an order to direct the referee, named as Mr Gabriel McKinney, Ardee, Co Louth, to give evidence on deposition in the District Court.
Mr Ciaran Oakes, defending, said the court was being asked to send the matter back to the District Court for a trawling expedition and that any investigation by the GAA was irrelevant and any evidence would be hearsay.
Judge Groarke was told that the victim was struck from behind but had been told who was responsible. This person had not been interviewed by gardaí, the judge heard.
The court heard that Mr Patrick Toner, with an address at Manydown Close, Red Barns Road, Dundalk, an official with the Louth GAA, said he could not furnish gardaí with a report on the alleged incident as it was policy not to co-operate with such investigations unless directed to do so by the court.
Judge Groarke said it was clear there was a purposeful determination that gardaí not be assisted in the investigation of this offence. He said it was surprising there was not a direction from the superior powers of all sporting organisations to co-operate with gardaí. In relation to the GAA, he said, "it is surprising in this day and age that this should be the attitude of such a senior sporting organisation".
He directed that Mr Gabriel McKenny, Ardee; Mr Patrick Toner, Manydown Close, Red Barns Road, Dundalk; and Mr Michael Murphy, who is named in the Book of Evidence, attend Dundalk District Court so that evidence can be taken by way of deposition next month.