Brennan Granted Injunction

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browner
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Post by browner »

Irish rugby star Trevor Brennan will appear at a disciplinary hearing in Dublin next week accused of lashing out at an Ulster fan during a Heineken Cup clash, legal teams have agreed.

http://u.tv/newsroom/indepth.asp?id=35745&pt=s
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Post by goodaine »

could prejudice any criminal proceedings in France

and

No criminals charges have yet been brought

Am I just having a blond moment ...... don't understand :? :? Has he been charged or has he not
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Post by browner »

Today, lawyers for both Brennan and the European Rugby Cup (ERC) agreed that a hearing would go ahead next Friday but only on whether or not it would prejudice a case in France.
:?:


http://www.irishexaminer.com/breaking/s ... =209043830
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Post by mid ulster maestro »

The big unknown is whether or not there will be criminal proceedings in France. This could drag on for ages.
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Post by Rooster »

Would it not make it easier for P Bamford to sue Brennan for assault if he had already gone down for a ban , fine etc by the ERC :?
In any case it's hard for Brennan to say he didn't hit him so you would think any case would be fairly simple given the number of witnesses and photographic evidence, the only things to be decided would be levels of compensation and possibly the length of time in the dungeons somewhere in France. With the ERC it will be length of ban plus how many euros they can screw him for. :?
This lark about possible criminal proceedings is a farce and if he gets away with an indefinate hold on the ERC then any player will be able to scatter an opponent and claim that it might prejudice a claim that may come against him.
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goodaine
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Post by goodaine »

I'm sorry - maybe I'm being really stupid (prob am) but HAVE proceedings been taken against him or is it just the fear that they MAY be :? :?
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Post by veritas »

It would seem that ther hook on which TB's lawyers are hanging their hat is the possibility of criminal proceedings in France and the impact that holding the disciplinary proceedings would have on TB's right to silence (if such exists in France).
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Post by BR »

LastKnightoftheproms wrote:Sorry guys but I disagree with the suspension thing. I know we have all seen it with our own eyes and I know that we accept TB is totally wrong but he is entitled to his day and he is entitled to have his case properly prepared and presented.

How outraged would we have been if Matt had been suspended pending his hearing?

In any event, veritas is right. It is only an interim injunction granted ex parte which means that ERC will get to make submissions on it tomorrow. It may be may well be overturned as I think the basis for granting it was a fairly spurious assertion that it might prejudice a possible criminal case.

The French system is inquisatorial with an investigating magistrate conducting hearings. Since an investigating magistrate has not (AFAIK) been appointed the notion that there is a pending or likely criminal charge would seem to hold no water.

I really think that all this was aimed at was delaying tomorrows hearing. :roll:
But Matt made himself available to the panel at their request. TB is saying he cannot appear therefore the ERC should say, "OK, but you can't play until you can appear."

All for people having their day in court, but that does not rule out holding people on remand.
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Post by Wee Woman »

Can't understand what all this talk is from TB's corner about criminal proceedings. The French police have already gone on record as saying that they could'nt see what all the fuss was about (and that it was a matter between 2 people, or was that the Toulouse people)? Does that not mean that the only course of action that can be taken can only be civil??

See now TB's hearing is scheduled for 9th Feb so another week passes. Call me cynical but isn't Baby Brennan due on the 10th? :wink: God, think I'm getting carried away with conspiracy theories (reading too much of GWLAD this morning perhaps :roll: ).

Ultimately though, I think the longer the delaying tactics continue from the Toulouse end, the worse it will be for TB in the end.

I think that ST and TB's actions so far have been nothing short of undignified.
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Post by pwrmoore »

entirely cynical.....and probably not too far from the truth ym :wink:
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Post by garf11 »

Taken from the Irish Indo article.

"The Toulouse forward, who is alleged to have entered a seating area during a match against Ulster and punched the supporter, was due to attend an independent hearing in the Irish capital today."

Why does the word "ALLEGED" have to go in fron of whatever TB did, surely it would be safe enough to assume he actually did enter the seating area and punch a supporter.

it was caught on more than one alleged cameran and more than one alleged witness allegedly saw it.
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Post by browner »

Trevor Brennan yesterday secured an interim injunction in the High Court restraining the management of the European Rugby Cup from conducting a disciplinary inquiry today into alleged misconduct at a Heineken Cup match earlier this month.

The Toulouse player claimed he was concerned for his rights should the disciplinary hearing "be steamrolled through in advance of the determination of a criminal complaint in France" by Ulster fan Patrick Bamford.

A disciplinary inquiry was put in place after an off field incident at the Heineken Cup tie when the 33-year-old Dubliner, capped 13 times for Ireland, was allegedly involved in an off-field incident in which an Ulster fan was assaulted.

Granting the interim injunction until 2pm today when European Rugby Cup Ltd, the company responsible for the European rugby competition are expected to be represented in court, Mr Justice Iarflaith O'Neill said his concern was the potential impact the inquiry could have on potential criminal proceedings in France.

In his affidavit to the court Mr Brennan said that in a statement on January 24, 2007, Ulster fan Patrick Bamford said he has placed the matter of criminal proceedings in France with his lawyers there.

Mr Brennan said any criminal proceedings could be prejudiced by the disiciplinary hearing due to take place in Dublin that day (yesterday).

He said there are two procedures running in tandem, the criminal investigation in France and the ERC disciplinary hearing.

He said his right to silence could be prejudiced and he was the only party who could be prejudiced if the disciplinary inquiry proceeded.

The disciplinary hearing he contended is "being steamrolled through in a wholly un-judicial and arbitrary fashion".

He said his defence would also not be ready in time and his counsel, Jim O'Callaghan BL, said if the inquiry took place today there would be no witnesses on Mr Brennan's side.

In his affidavit, Mr Brennan said at the match he was involved in an altercation with an Ulster supporter. He said as a result of the altercation a disciplinary inquiry by the ERC disciplinary officer was set up.

The officer wrote to Stade Toulousain on January 22 stating a complaint had been received from Ulster in relation to Mr Brennan another Stade Toulousain player, Gareth Thomas.

The letter commencing the disciplinary process attached articles from the media and photos relating to the misconduct allegation.

Three days later, Mr Brennan said the chairman of ERC Discipline Panel wrote to Stade Toulousain informing him he had a appointed a disciplinary committee to hear the misconduct allegation on Feb 1.

Further details of the misconduct complaint, Mr Brennan said were e-mailed on January 26 including a statement from Mr Bamford alleging assault by Mr Brennan along with seventeen statements from Ulster supporters and five statements from Toulouse fan.

When an adjournment was sought on the grounds it would not be possible for a defence to be prepared in that time and Mr Brennan's wife was due to give birth to their third child in the first two weeks of February, it was turned down.

http://www.rugby.ie/news/story/?jp=KFMH ... s=examiner
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Post by LePaul »

D'ya know - I aint got a halfpenny worth of sympathy for him. His wife yes but him - not on your or my life.
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Post by Tigergeezer »

YoungMan wrote:Here is what the goat is at................................delay all proceeding until the french season is over (as Toulouse will keep playing him as a two fingered salute to ERC as they hold everything non french in contempt) Then he will retire from all rugby and refuse to attend any hearing therefore not being "marked as the man who got a life ban"...............the obvious actions of a coward who would punch a man sitting down

Can he be banned from coaching, etc. if he's retired from playing?
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Post by cables »

Physical abuse of match officials can lead to a life ban and we have already seen an IDC considering verbal abuse of both officials and other players when reaching a determination re GT.

On the question of delays due to potential (or actual) criminal proceedings, there is at least one precedent albeit in another jurisdiction.

Following the death of a player in SA. Another player was “banned from rugby for life” relating to the incident. The ban applied to rugby under the jurisdiction of the IRB, Saru and BRU.

It is also of interest to note that the disciplinary process took place before the completion of criminal prosecution in SA.
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