St. Patrick’s Athletic today went to the top of the Eircom League after the independent arbitrator, Mr. Liam Reidy SC, gave the club back the nine points it had been deducted for fielding an ineligible player in the first three games of the season, deciding instead to impose a fine of 1200 Euros.
The player, Paul Marney, was ineligible because St. Patrick’s had submitted his registration papers by regular rather than registered post, thereby breaching Rule 16 of the FAI Rule Book.
Explaining his decision, Mr Reidy said: "The Rules of the Eircom League are not a penal code. They must be interpreted in the context of a sporting organisation with the aims and objects to which that organisation aspires ... there cannot be a more innocuous or technical breach of the provisions of Rule 16 than in this instance."
"Paul Marney was a product of the St. Patrick’s Athletic Youth Programme. He played and was registered for the season 2000-2001 and he was under Contract to playt in the season 2001-2002. He was at all times eligible, in the ordinary sense of the word, to play for St. Patrick’s Athletic and there could be no objection to his participating in the Eircom League matches that arises here, if he had been registered properly.
"... I believe there are exceptional circumstances in which there is reposed in the League through its officers the entitlement and duty to impose a discretionary penalty. Whilst the sanctity of rules in normal circumstances must be respected, for the reason that I have stated this case is an exceptional one and thus would not have any precedent value in the longer term."
St. Patrick's President, Tim O'Flaherty, told ireland.comhe was "elated" by the decision.
"I don’t think people outside the club realised how mentally damaging that nine point deduction was", said Mr. O’Flaherty, "it’s been very difficult to keep concentrating on football over the last few months. But at last common sense has prevailed and we’re now back in the equation for the league title."
Reacting to suggestions that Shelbourne may appeal today’s decision, Mr. O’Flaherty said:
"I honestly don’t believe Shelbourne FC want to do that. But there may be something personal going on, I think there may be one individual in that club who’ll be unhappy."