McMenamin is cleared to face Dublin

In a tremendous boost for Tyrone's championship prospects, Ryan McMenamin had his four-week suspension rescinded by the Disputes Resolution Authority (DRA) yesterday. The Dromore defender is now free to play in tomorrow's All-Ireland quarter-final against Dublin at a sold out Croke Park after missing last weekend's victory over Monaghan. Gavin Cummiskey reports

The Central Disciplinary Committee (CDC) found McMenamin guilty of dangerous play in the Ulster final replay against Armagh on July 24th. However, his defence team centred on the fact that referee Michael Collins had already dealt with the incident by showing a yellow card.

The CDC were working off a central council decree from 2002 which stated if a player deserved a red card rather than a yellow, video evidence could be used to charge him with a more serious offence.

This ruling was overturned by the DRA on the grounds that the disciplinary taskforce headed by Padraic Duffy in 2003 never implemented this option when setting up the new disciplinary committees that came into effect at this year's Congress.

In reference to the "Duffy report," the DRA stated: "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.

"At best, the provision is ambiguous and any ambiguity must be resolved in favour of the claimant." The decision has sparked more questions than answers. There is an apparent contradiction as video evidence was used to overrule the referee's decision regarding the sending off of Peter Canavan in the same game.

Tyrone manager Mickey Harte explained: "There is no contradiction regarding Peter Canavan getting sent off because he instigated his own appeal whereas the CDC summoned Ryan McMenamin. They set the process in motion themselves so it isn't just a simple case of one rule for another."

The DRA report confirmed this: "It is accepted that video evidence may be admissible to exonerate a player of an offence. Natural justice requires this. Further, it is clear that video evidence is admissible in relation to an incident that the referee has not seen or reported on."

McMenamin and Harte were joined at Wednesday nights hearing by county board chairman Liam Nelis, secretary Dominic McCaughey, assistant secretary Frank Campbell and legal representation in former inter-county midfielder Fergal Logan.

"They should be more aware of their own rules," continued Harte. "We got the decision that independent observers deemed correct. Under the rules the referees decision is final and you can only use video evidence in a case not dealt with by the referee or when the player is wrongly sent off."

Armagh duo Ciaran McKeever and Paul McGrane will now be confident of seeing their four-week bans also overturned at their DRA hearings early next week.

Considering yesterday's judgement, Armagh seem certain to get McKeever back for their All-Ireland quarter-final against Laois on August 20th as he was only yellow carded for the offence the CDC subsequently charged and suspended him for dangerous play.

They are also hopeful that the video evidence overruled by the CDC and central appeals committee will exonerate McGrane for striking.

A substantial level of ambiguity now surrounds the whole GAA disciplinary process, as yesterday's decision highlights a glaring error made in setting up the CDC.

It also shows a legal loophole can almost always be found once a more professional angle is introduced.