Decision may lead to procedural overhaul

GAELIC GAMES: THE GAA could be forced into another overhaul of its disciplinary procedures following the announcement that Kerry…

GAELIC GAMES:THE GAA could be forced into another overhaul of its disciplinary procedures following the announcement that Kerry football captain Paul Galvin will now only serve a 12-week suspension, instead of the 24-weeks as originally imposed.

While this brings to an end the long-running saga of Galvin's particular case, with confirmation yesterday evening that he wouldn't be making any further appeals, the full implications of the reduced suspension are only beginning to come to light.

In what had already proven to be a highly convoluted process, the reason why Galvin's case was sent back to the Central Hearings Committee (CHC), following his appeal to the Disputes Resolution Authority (DRA), is now understood to be based on the Central Competitions Control Committee's (CCCC) decision to impose a penalty above the minimum that is recommended - in this case, the 24 weeks, rather than the minimum of 12.

While this was within the CCCC's right, when Galvin eventually took his case to the DRA, it was considered that "procedural irregularities" had taken place at the original CHC hearing, in that the higher penalty was recommended before Galvin had been granted a hearing.

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In the original DRA statement on the matter, this was described as "in breach of his right to fair procedures and to a fair hearing".

This clearly calls into question the process whereby the CCCC propose a penalty, before a player is granted a hearing, and particularly if that proposed penalty is above the minimum as recommended under GAA rule. Under the GAA's previous disciplinary procedures, the penalties were imposed only after the player had been granted a hearing.

Galvin's case was reheard on Tuesday night by a new and specially formed CHC, but essentially they didn't reduce his ban. Instead, they reimposed a new penalty, only this time the minimum, as recommended under GAA rule.

What this means, in the short term, is that Galvin's suspension, which stems from the infamous incident with match referee Paddy Russell in the Munster semi-final back on June 15th, will expire on September 6th, therefore leaving him free to play in the All-Ireland, should Kerry get that far.

So if Kerry did need any further incentive to beat Monaghan on Sunday - and at least defend their All-Ireland title as far as September's final - then they have it now.

Yesterday evening, a spokesman for the Kerry county board stated that Galvin was accepting the decision of the CHC rehearing, and wouldn't be making any further appeals to the Central Appeals Committee(CAC), nor bring the case back to the DRA, as was still his right.

The GAA, typically, declined to expand on the reasons why the CHC went for the 12-week suspension, beyond a brief this statement: "In line with direction given by the DRA, last night's meeting of temporary members appointed to the CHC dealt with an incident involving Paul Galvin (Kerry) during the Kerry v Clare Munster senior football championship game on 15 June 2008.

"The following penalties were imposed; Category I: 2nd cautionable - debarment from playing in the remainder of the game which he has already served. Category II: 4 weeks suspension in the same code and at the same level. Category IV: 12 weeks suspension in all codes at all levels. Suspensions run concurrently and are effective from the date of the game."

In other words, they went with the minimum, on hearing Galvin's case.

As indicated, this was a specially formed CHC, and the members were confirmed as Jim Berry (Wexford), Joe Flynn (Leitrim), Fintan Ginnity (Meath), Eamon McMahon (Antrim) Garrett O'Reilly (Cavan) and Joe Taaffe (Sligo).

When the CCCC initially announced their 24-week suspension back on June 17th, they cited Galvin for three categories of player infractions (I, II, and IV), under GAA rule 143 (b): Category I (being ordered off on foot of a second cautionable offence); Category II (Abusive language towards a referee, umpire, linesman or sideline official, and which carries a minimum four-week suspension); and Category IV, which is "minor physical interference with (e.g. laying a hand on, pushing, pulling or jostling), threatening or abusive conduct towards, or threatening language to a referee, umpire, linesman or sideline official" and results in a minimum 12-week suspension.

Galvin did avoid the Category V offence, which is "any type of assault on a referee, umpire, linesman or sideline official" and results in a minimum 48-week suspension, but still the CCCC went above the minimum suspensions in proposing the 24 weeks.

This was what concerned the DRA when they heard Galvin's case over two extended hearings; the first on July 15th, and continued on July 21st.

As a result, they first "quashed the decision of the Central Hearings Committee (CHC) made on the 23rd off June in respect of Paul Galvin", and then added that "whilst Galvin accepted that an incident happened on the 15th of June which warranted the commencement of disciplinary proceedings, the DRA Tribunal is of the view that procedural irregularities occurred at the CHC hearing on the 23rd of June which were in breach of his right to fair procedures and to a fair hearing."

The DRA have yet to disclose their full report of those hearings, and had declined to do so up until now so as not to prejudice the rehearing of the CHC. So, while the GAA are left to consider the full implications of Galvin's newly imposed 12-week suspension, the player himself has seen the light in the tunnel. Galvin has been training consistently on his own, and while he still won't be able to return to the county panel training until his ban expires, at least the only question that now remains is whether or not he'll still get to play some role in the championship.