McCartan to pay €10,000 to charity of victim's choice

An All-Ireland championship winning footballer has escaped a jail sentence after being convicted of breaking the jaw of another…

An All-Ireland championship winning footballer has escaped a jail sentence after being convicted of breaking the jaw of another player during a challenge match.

James McCartan (33), from Banbridge, Co Down, was ordered to pay €10,000 to the Portlaoise Lions Club, a charity nominated by his victim, Westmeath player Kenneth Larkin.

Mr Larkin (21), a garda, also undertook not to pursue a civil case for damages against McCartan for the off-the-ball assault, which took place during a challenge game between Westmeath and Down last May.

Judge William Early at Dublin District Court said he would apply the Probation Act to McCartan instead of convicting him if he paid the donation.

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McCartan was also ordered to pay €1,243 in legal costs after he was found guilty earlier this month of assault.

The retired footballer, who won All-Ireland medals with Down in 1991 and 1994, will not receive a criminal conviction if he pays the money at his next court appearance on January 10th.

Judge Early said McCartan was a fine young man who had been one of the most illustrious names in Gaelic football. "Apart from the GAA, I've no doubt that Mr McCartan is an impressive man with impressive achievements. It is a sorry business that because of a moment of indiscipline he has come before the court."

Mr Michael O'Higgins SC, for McCartan, said it had been agreed that once the compensation had been paid, Mr Larkin would not take a civil case for damages. Judge Early said it showed considerable generosity of spirit on the part of McCartan and Mr Larkin.

Earlier the court heard references to McCartan's character.

Senator Maurice Hayes said he had known him and his family for more than 15 years. He described him as hard-working, respectful and very truthful. "He was one of the best forwards of his time, probably one of the best corner-forwards ever."

He had attended all the games McCartan played during his Down career and had seen him take a lot of abuse from defenders who were intent on stopping him.

"I never, ever saw him retaliate," he said.

He added: "He was a role model for youngsters in Co Down. He was widely admired for his skill and in particular the way he played the game."

The former minister of agriculture in the Northern Assembly, Ms Bríd Rodgers, said she had no hesitation in commending him as a man of good and excellent character. In her letter to Judge Early, she said she had never witnessed anything approaching "dirty play" from him.

Mr John Farrell, president of the University of Ulster, said McCartan was one of the most talented and exciting forwards he had seen. He frequently saw him playing for Queen's University Belfast in the Sigerson Cup where he was subjected to ferocious late tackles from defenders. "Despite serious provocation, I never saw him react," he said.

A local priest and friend of the McCartan family said the player had never received a red card while playing for his club or county.

Mr O'Higgins told Judge Early the submissions indicated that his client came to court with a significant body of credit. He noted that the judge himself had referred to the fact that Mr Larkin's marking style had caused McCartan a strident degree of irritation before the incident.

The GAA protested last year when gardaí had tried to question McCartan during a disciplinary hearing at Croke Park.