A JUDGMENT which could have repercussions for sports clubs on whether players are club members was given by the High Court yesterday. Mr Justice Morris ruled that a man who twice captained Bandon Rugby Club was not a club member.
Mr Barry Walsh (28), of Shippoll, Innishannon, Co Cork son of former international player Jerry Walsh, received serious head injuries when playing for Bandon on March 25th and April 12th 1990, the judge heard last week. Mr Walsh had taken an action for damages against the trustees of Bandon Rugby Club and the club itself; the trustees of the IRFU and the Munster branch; and the Munster Association of Referees.
Mr Justice Morris was asked to decide whether Mr Walsh was a member of the club on the two dates and, if he was a member, whether he could maintain his claim against it.
Yesterday, in his reserved judgment, the judge said that, having decided Mr Walsh was not a member of the club on the date of the accidents, he did not think it necessary to go on and deal with the second question, as to whether Mr Walsh was precluded from maintaining his proceedings against the Bandon club.
Mr Justice Morris said that, although in existence for 140 years, up to 1979 the Bandon club had no constitution. Premises were then acquired and a decision was taken to apply for a club licence to sell intoxicating liquor. Cork Constitution club provided Bandon with a copy of its rules. These rules were adapted by Bandon.
The Bandon club had continued to operate since 1979, but members paid virtually no regard to the rules, except that various committees were created and an annual meeting was held.
Specifically, said the judge, the procedure prescribed by the rules for the election of members was never followed, as provided by Rule Nine. Instead, the club operated on an informal basis by attracting young people directly on to the pitch, training them and absorbing them into one of the teams.
Team members were required to pay an annual subscription, collected by the team captain. However, no action was taken against anybody who failed to pay a subscription.
Mr Justice Morris said he was satisfied that the 1979 rules were adopted at a meeting of the club. These rules were already in existence when Mr Walsh began his rugby career with Bandon in 1982/83. It was necessary to consider whether by participating in the club's full activities Mr Walsh acquired membership. "In my view, he did not and could not."
Rule Nine said the names and addresses of persons proposed as ordinary members should be displayed in a conspicuous place on the club premises for at least a week before their election and that not less than two weeks must elapse between nomination and election of ordinary members.
The rule added that the first year's subscription of the new member must accompany their proposal form and that all members "shall be elected by the general committee".
Mr Justice Morris said it was clearly beyond doubt that ordinary, junior and other members must be elected by the general committee.
He said that whatever Mr Walsh's status might have been from the time he began playing with Bandon in 1982/83 up to the time of the accident, as alleged in the proceedings, he was not a member of the club.
The judge said he accepted that Mr Walsh had paid a subscription for the 1987/88 and 1988/89 seasons. He was satisfied that while this could have been construed as making him a member of the dub, this ceased on the third Friday of May 1989, the date of the annual meeting. Under Rule Eight, his membership had lapsed.
He adjourned the case until Friday.