RUGBY: Trevor Brennan has secured a temporary High Court injunction restraining the management of the European Rugby Cup (ERC) from conducting a disciplinary inquiry in Dublin today into alleged misconduct by the player at a Heineken European Cup clash in France last month.
The injunction was returned to this afternoon when the matter will again come before the court.
The Toulouse player says he is concerned for his rights should the disciplinary hearing be "steamrolled through" prior to the determination in France of "a criminal complaint" made against him by Ulster fan Patrick Bamford.
The court heard the disciplinary inquiry was put in place after an off-field incident at the Pool Five game between Toulouse and Ulster in Toulouse on Sunday, January 21st when the 33-year-old Dubliner was allegedly involved in an off-field incident in which Mr Bamford was allegedly assaulted.
The interim injunction was sought yesterday by Mr Jim O'Callaghan BL, for Mr Brennan, on an ex parte basis (one side only represented).
Mr Justice Iarfhlaith O'Neill granted the order against European Rugby Cup Ltd and returned the matter to 2pm today when the defendant is expected to be represented in court.
Mr Justice O'Neill said his concern was the potential impact which the inquiry could have on potential criminal proceedings in France.
In an affidavit, Mr Brennan said that, in a statement on January 24th, 2007, Patrick Bamford said he had placed the matter of criminal proceedings in France with his lawyers there. Mr Brennan said that any criminal proceedings could be prejudiced by the disiciplinary hearing due to take place in Dublin today.
He said there are two procedures running in tandem, the criminal investigation in France and the ERC disciplinary hearing.
His right to silence could be prejudiced if the disciplinary inquiry proceeded, which hearing was being "steamrolled through in a wholly unjudicial and arbitrary fashion". His defence would not be ready in time for it.
Mr O'Callaghan also said that, if the inquiry took place as scheduled today, there would be no witnesses on Mr Brennan's side.
Earlier in his affidavit, Mr Brennan said at the match between Toulouse and Ulster on January 21st last, he was involved in an altercation with Mr Bamford, as a result of which a disciplinary inquiry by the ERC disciplinary officer was set up.
The officer wrote to Stade Toulousain on January 22nd stating a complaint had been received from Ulster in relation to Mr Brennan and another Stade Toulousain player, Gareth Thomas.
Three days later, the chairman of ERC disciplinary panel wrote to Stade Toulousain informing him he had appointed a disciplinary committee to hear the misconduct allegation on February 1st.
Further details of the misconduct complaint were emailed on January 26th including a statement from Mr Bamford alleging assault by Mr Brennan, along with 17 statements from Ulster supporters and five statements from supporters of Stade Toulousain.
When an adjournment was sought on the grounds that it would not be possible for a defence to be prepared in that time and because Mr Brennan's wife was due to give birth to their third child in the first two weeks of February, it was turned down, he said.
Meanwhile, Gareth Thomas will still have his disciplinary case heard tomorrow morning.
The Welsh international is charged with engaging in "aggressive" and "offensive" behaviour towards supporters during the same controversial European Cup match.
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