Court dismisses fan's attempt to challenge GAA referee's decision in court
on 22/10/2012 18:28:40
Paddy Garvey (aged 75) wanted the court to allow him permission to bring judicial review proceedings over the awarding of Meath's controversial winning goal in the Leinster SFC final at Croke Park, when Meath's Joe Sheridan infamously threw the ball over the line to deny the Louth the Leinster championship.
In his ruling today, Mr Justice Michael Peart, refusing to allow Mr Garvey permission to bring a High Court on grounds including that he had not made out an arguable case.
Mr Garvey issued a summons, under Section 51 of the district Court Rules compelling the GAA President to come before the court on a charge of alleged corruption.
He says that he issued the summons against the President GAA because Meath won the game, and were awarded "the Leinster medals", despite that GAA rules were clearly breached by allowing the goal, scored in the last minute of the game, to stand. His summons was struck out by the District Court in July 2011.
He appealed that ruling to the Circuit Court and last March Judge Alison Lindsay, upheld the District Court's decision to dismiss Mr Garvey's summons.
Mr Garvey sought permission from the High Court to have Judge Lindsay's decision judicially reviewed because he claimed she failed to give reasons why his case was being dismissed, which he submitted the Judge was obliged to do.
Today Mr Justice Peart, who described the application as being "unusual", dismissed Mr Garvey's case.
He said Mr Garvey had failed to make out in his application that the Circuit Court Judge had made an error in law or that the process in which the Circuit Court made the decision to dismiss his application was flawed.
Mr Garvey's application, the Judge added, had also been made outside of the time limits allowed.
The Judge added that he was not surprised that the both the Circuit Court and District Court had dismissed the application.