Rugby/ Trevor Brennan Hearing:A disciplinary committee set up to inquire into the alleged misconduct of former Ireland international and Toulouse rugby player Trevor Brennan will sit next week.
However, the first issue the European Rugby Cup (ERC) disciplinary inquiry will decide is whether it should adjourn on grounds that, if it proceeds, any potential criminal proceedings in France relating to Brennan's involvement in an off-field incident at a Toulouse match against Ulster last month might be prejudiced.
Brennan had gone to the High Court on Wednesday and secured an interim injunction restraining the ERC disciplinary hearing from going ahead yesterday.
The injunction was returned to yesterday afternoon when, after legal submissions, counsel for Brennan and the ERC agreed the inquiry could convene next week to decide a preliminary issue relating to French law.
On that basis, Mr Justice Iarfhlaith O'Neill adjourned generally Brennan's application for a full injunction restraining the inquiry. However, he also gave Brennan's side liberty to apply to court again if necessary.
In an affidavit, the Toulouse player said he was concerned for his rights should the disciplinary hearing be "steamrolled" through in advance of the determination of "a criminal complaint" made in France by Ulster fan Patrick Bamford.
In a statement on January 24th, Bamford said he had placed the matter of criminal proceedings in France with his lawyers there.
The ERC disciplinary inquiry was put in place after an off-field incident at the Pool Five Heineken European Cup match between Toulouse and Ulster at the Stade Ernest Wallon, in which Bamford was allegedly assaulted.
In court earlier yesterday, Paul Burns SC, for European Rugby Cup Ltd, the company responsible for the competition, asked that the interim injunction granted to Brennan be lifted.
The player had never asked the disciplinary inquiry to be adjourned based on the potential French criminal proceedings and no charges had been brought in France, counsel said.
The French investigation could go on for a long time and the disciplinary inquiry would be in abeyance, with Brennan playing rugby week in and week out, he said.
Burns said the ERC disciplinary committee had not acted with undue haste. Brennan had spoken to the media and had "been willing to talk to everybody other than the ERC disciplinary committee", counsel added.
The integrity of the ERC process was at issue here, Burns said. There was no need to bring the High Court into the matter; the ERC were willing to set a date for the disciplinary hearing and let Brennan apply to it. There was no need for an injunction.
The 33-year-old, who won 13 caps for Ireland between 1998 and 2001, was in court for the hour-long hearing but made no comment afterwards.
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