Court defers judgment in GAA player case

The All Ireland-winning footballer who broke the jaw of another player in a challenge match failed today in his bid to have the…

The All Ireland-winning footballer who broke the jaw of another player in a challenge match failed today in his bid to have the case thrown out of court.

The verdict will now be delivered on November 1st.

Mr James McCartan (33) from Warrenpoint, Co Down, denies assaulting Mr Kenneth Larkin (21), from Westmeath, in a match on May 25th last year.

Judge William Earley rejected an application from Mr McCartan's defence counsel, Mr Michael O'Higgins, that the case should be stopped because the gardaí investigation was inadequate.

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He said Mr O'Higgins had not referred to any specific evidence that the gardaí had failed to investigate. He added that there was no risk of Mr McCartan not receiving a fair trial.

Judge Earley apologised to both sides in the case and said he would need more time to reach a verdict.

The incident occurred during a challenge match between Westmeath and Down in Newcastle, Co Dublin.

Mr McCartan began the game in the full forward position, where he was being marked by Westmeath's young full-back Mr Kenneth Larkin. Mr McCartan said there was quite a bit of tussling between them in the early stages of the game.

"Any time I tried to go for the ball, I was being pulled and hauled back. It was nothing malicious just pulling and dragging to ensure I couldn't get out in front," he said.

Around 10-15 minutes into the game Mr McCartan made a run out to get the ball. He said he was being held over the shoulders by Mr Larkin in a sort of bear-hug.

He began shrugging his torso and elbows to break free and suddenly felt Mr Larkin fall away. Mr McCartan said he could not remember his elbow hitting Mr Larkin but he assumed this was what had happened.

"I don't think it's a huge jump to surmise that I was the person who caused the injury. I was the one he was marking," he said.

The-then Westmeath manager, Mr Luke Dempsey, ran out onto the field to confront Mr McCartan about the incident. He told Mr McCartan that Mr Larkin was only 19 but Mr McCartan replied: "If he's not old enough he shouldn't be out here. His age wasn't a problem when he was hanging out of me earlier", the court was told.

Mr McCartan said he was substituted in the second half because his heart wasn't in the game anymore after he realised that Mr Larkin had a serious injury.

State solicitor for the Director of Public Prosecution, Mr Vincent Deane said in Mr Larkin's account both players were tugging each others' jerseys but there was no other contact.

Mr Deane said the state was challenging McCartan's version of events.

PA