CDC system not sufficient

Background to DRA decision: Gavin Cummiskey on how the plan to improve the disciplinary procedures has suffered a setback from a Central Disciplinary Committee point of view

The central question of the Ryan McMenamin case according to the Disputes Resolution Authority (DRA) report is: "Can video evidence be used to substitute a red card offence for one that the referee thought had merited a yellow card only?"

Their answer was no.

Regardless, the validity of the disciplinary structures put in place at this year's Congress were undermined yesterday when the DRA hearing exposed a lack of knowledge by the Central Disciplinary Committee (CDC) of their own rules.

CDC chairman Con Hogan informed The Irish Times earlier this month that his committee could use video evidence to overrule any refereeing decision.

They did this to exonerate Tyrone's Peter Canavan and Stephen O'Neill who were sent off in the Ulster final replay on July 23rd. However, they also handed down four-week suspensions to McMenamin and Armagh's Ciarán McKeever despite referee Michael Collins deeming their indiscretions only merited yellow cards at the time.

The McMenamin suspension has now been deemed incorrect by the DRA and McKeever can expect a similar result when his case goes to arbitration early next week.

In fairness to Hogan and the CDC, they were merely following rules laid down by central council in 2002, which allowed them to use video evidence in any situation accept when it affects the result of a game.

On Wednesday night the Tyrone legal representative Fergal Logan, an intercounty midfielder in the 1995 All-Ireland final defeat to Dublin, pointed out that Padraic Duffy's disciplinary taskforce failed to put a system in place for the CDC to use video evidence to overrule Collins' decision to show McMenamin a yellow card.

Hogan was also present at the DRA hearing: "From my understanding, it boils down to a central council decision in 2002 which allowed the disciplinary committee to charge a player with a more serious offence when a yellow card is shown but a red card is deserved.

"The disciplinary rules committee (under Duffy) - who split the discipline and appeals committees from the Games Administration Committee, and in turn set up the DRA - didn't implement a mechanism to specify the use of video evidence in overruling a referee.

"We were referring back to central council in our decision so it came down to a fine legal point."

Basically, the plan to improve the disciplinary procedures within the GAA has taken a significant blow from a CDC point of view as they were operating off the wrong book.

DRA secretary Liam Keane was content with the way the three-man committee of former Supreme Court judge Hugh O'Flaherty, Aaron Shearer and Declan Hallisey dealt with the matter: "From our point of view we are happy as it shows the system works," said Keane.

In future cases the CDC will not charge a player using video evidence if the referee only shows a yellow card during the game, although a player can still use the video avenue as a defence against other refereeing decisions.

"It's what we have to live with," continued Hogan. "The public will see the glaring cases when the referee clearly doesn't deal with the indiscipline but we can only implement the rules that are given to us.

"It will be difficult for us to do that but this is now a matter for the association to deal with. It is either a central council issue to be clarified or it may have to go to Congress. I'm sure they will get it right."

Hogan even spoke to the referees last week to make them aware that video evidence could be used to change incorrect decisions in a match.

"Con Hogan spoke for 20 minutes last week at our meeting," said referees spokesman Fr Seamus Gardiner.

"He informed us that his committee could convict and exonerate players using video evidence.

"The referees didn't react adversely to that so we will not mind if it goes back to the original way of the referee's decision being final.

"It must be remembered, the referees decide on the spot. It is an instant judgment. Any additional decisions are up to those who make the rules."

For now, the referee's decision is final in some cases but not in others. Go figure.

The path to freedom for McMenamin

August 3rd: Central Discipline Committee gives McMenamin four-week suspension for dangerous play.

August 5th: Central Appeals Committee rejects appeal.

August 6th: Disputes Resolution Authority refuses interim relief to play in Tyrone's fourth-round qualifier against Monaghan.

August 11th: DRA clears McMenamin.

After yesterday's ruling: A player can use video evidence to be exonerated if he is sent off in a match. An example being Peter Canavan in the Ulster final replay on July 23rd as he proved he did nothing to warrant a straight red card. The CDC were within their remit to overrule referee Michael Collins and rescind the red card.

But . . .in the case of Ryan McMenamin dropping his knee on John McEntee and receiving a yellow card, the CDC were outside their scope to overrule referee Michael Collins and hand down a four-week suspension. The GAA were unable to confirm whether Central Council can address this anomaly or if it must go to Congress.

Rulings Rule 149 (c) of the GAA Official Guide 2003 states "The committee or council in charge may have recourse to video evidence at its discretion, but it shall not be used in relation to the result of a game".

Central Council (August 2002): Video evidence can be shown if a player deserving a red card rather than a yellow card, that the player could be charged with the more serious offence.

Duffy Report 2003 (as paraphrased by DRA): "It is accepted that a committee may use video evidence to substantiate/complement/clarify what is contained in the referee's report. But it does not say that it may be used to vary or contradict what is contained in the referee's report. There was reference to an offence in the referee's report in this case: the referee deemed that it merited only a yellow card, not a red card."