THE captain of Bohemians, Mr James Coll, can play in today's Premiership League soccer match against Sligo Rovers after the High Court granted him a temporary injunction against the FAI yesterday.
Mr Coll was suspended for two games following incidents in the Bohemians and Derry City league game on December 22nd. The suspension would have taken effect for today's match and next weekend's FAI Cup game against Wayside Celtic.
Yesterday, Mr Justice McCracken granted an injunction to Mr Coll, effective until next Thursday, restraining the FAI from acting on decisions of its disciplinary committee or appeal committee to suspend or fine him.
Mr David Nolan, counsel for the FAI, said he had just received the papers in the case and had not had an opportunity to consider, them. He sought an adjournment.
Mr Justice McCracken said that in the meantime Mr Coll wanted to play football today. He could grant an interim injunction allowing him to play, which would be without prejudice to the FAI.
Mr Michael Collins SC, for Mr Colt, said his client's club was to play a cup match next weekend and the injunction proceedings should be decided before that.
In an affidavit, Mr Coll (33), Raheen Road, Tallaght, Co Dublin, said he was married with two children. He earned his living principally from wages paid by Bohemians although he was also a parttime taxi driver.
He was not involved in the original disciplinary commission's - hearing of January 6th, nor was he invited to make submissions. There was no provision under the rules to allow him make submissions to the hearing.
After the match with Derry City in which he was sent off, the referee's report was sent to the disciplinary committee. He was informed he had been suspended for two matches with effect from January 20th and fined £20. He was allowed play against Finn Harps on January 24th because an appeal was lodged on his behalf.
He instructed his solicitors, F.H. O'Reilly & Co, to appeal to the appeal committee and request a personal hearing. He was advised that under the rules, the appeal had to take place within 14 days of the appeal being lodged.
Last Tuesday night the FAI held, a meeting on his appeal. He went with his solicitor, Mr Felim O'Reilly, and Bohemians physiotherapist, Mr Michael Spillane, and brought a video of the events, which the committee refused to view.
Mr CoIl said he believed, on legal advice, the committee had acted outside its powers in conducting a personal hearing outside the time specified in the rules.
He also believed the hearing was unsatisfactory because the committee refused to consider evidence he wanted to call to substantiate his contention that any of his actions in the Derry match were simply to prevent an assault on him.