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Brolly described the ban as "unlawful". Lorcan Doherty

'The reality is that they don't have a leg to stand on' - Brolly slams McCann ban

“The point is that here’s a specfic offence and there’s a specific penalty for it.”

SUNDAY GAME PUNDIT Joe Brolly says the GAA “don’t have a leg to stand on” regarding the proposed 8-week ban for Tyrone’s Tiernan McCann.

McCann feigned injury when Monaghan’s Darren Hughes raised a hand to his hair during last Saturday’s All-Ireland football quarter final at Croke Park, with the GAA community reacting angrily to the Tyrone player’s dive.

After several days of debate, the GAA have handed down a proposed 8-week suspension to the Tyrone forward, despite the fact that the usual punishment for feigning injury is just a yellow card.

Speaking on Game On, on RTE’s 2fm, Sunday Game pundit and barrister by trade Joe Brolly says that while he agrees in principle that an 8-week ban is suitable for the offence, the GAA are being “unlawful” by changing the rule book.

“In short the law of statutory interpretation applies to any rule, and in this case, the lawmaker – which is congress – created a specific offence in rule 5 which is to attempt to achieve an advantage by feigning a foul of injury, and the penalty for the is a yellow card.

Tiernan McCann surrounded by Monaghan players James Crombie / INPHO James Crombie / INPHO / INPHO

“The point is that here’s a specific offence and there’s a specific penalty fir it. The purpose of the law is so that a player and the disciplinary bodies are clear as to what the law is, and the GAA public is clear as to what the law is and what the offence is.

“It has two purposes, the first purpose is that we know what the rules are, and the second purpose is that it prevents the lawmaker from abusing his power.

“Congress decided that,. That’s the rule. I don’t like it, I must say. I think the penalty should be a red card for feigning injury and that the minimum ban should be eight weeks,” he said.

Brolly said that while he’s been a fierce critic of several Tyrone players in recent years, he morally objects to the nature of the way the punishment has been handed down to McCann.

“I mean no one’s been as trenchant a critic of Tyrone’s cynicism than I’ve been over the years. I thoroughly dislike it, i think it’s poisonous for the ethos of the game, and there’s no doubt that there’s a good moral reason why the GAA have taken this stance.
“The only reason that they’re doing it in this circumstance is because the punishment they created themselves for the offence of feigning, they now think that’s not a sufficient punishment.”

Brolly added that McCann – who has three days to respond to the charge – is a product of repeated cynicism from Tyrone sides down the years, criticising the way that manager Mickey Harte defended the player on Monday.

“I think for example that the culture of cynicism that they created has become so entrenched in Tyrone, that that is their new reality.

“It actually isn’t Tiernan’s fault because he’s come up in a culture whereof that where it’s entirely acceptable.”

You can listen to Brolly’s full interview on Game On below.


RTÉ2fm / SoundCloud

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    Mute Dan Smith
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    Jan 13th 2015, 1:33 PM

    Letting Lucas go to Napoli would be a huge mistake. Lucas has been a key player for Liverpool this season. He does the dirty work very well and yes he will get booked every 2nd game but he’s good at what he does. Liverpool have lost most of the games they’ve played without Lucas which is another key factor in him staying. Also replacing him with Delph? Another over rated English centre mid who produced a handful of decent appearances last season but nothing to capture the imagination.

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    Mute Eoin Hurley
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    Jan 13th 2015, 2:17 PM

    Yep was just going to say it man. To be honest last summer I’d have let him go but he’s been the difference since coming back at the end of November. I think the only game we’ve lost since has been man utd and he wasn’t playing that day….
    Letting him go now would be a mistake especially if they think they can replace him with Delph! Who’s more like for like with Joe Allen than Lucas anyway.
    Which leads me to my next point… Sell Joe Allen

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    Mute John Kavanagh
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    Jan 13th 2015, 4:25 PM

    Who in their right mind would buy Joe Allen though? Unless Rodgers gets the sack and buys him for his next club..

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    Mute Eoin Hurley
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    Jan 13th 2015, 4:42 PM

    Lol

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    Mute Luke's stalker
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    Jan 13th 2015, 11:48 PM

    In sure Swansea would take him off Liverpool’s hands for 5 million……

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    Mute John Kavanagh
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    Jan 14th 2015, 9:40 AM

    If someone pays 5 million for him I’d be amazed!

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    Mute Eoghan Rock
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    Jan 13th 2015, 12:23 PM

    ‘Müller to Manchester United’ anyone who believes this should read the book Pep: Confidential, and that’ll end all rumours. Guardiola holds Müller in the highest regard and has big plans for the future, over time he wants him to pay much deeper in midfield, doubt he’d sacrifice those plans to sell him to United

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    Mute Cathal Kelly
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    Jan 13th 2015, 1:04 PM

    You’re probably right but we reds can dream! He looks enough like Lahm that we could stick him at right back and he’d still be exponentially better than Rafael…

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    Mute Luke's stalker
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    Jan 13th 2015, 11:49 PM

    United don’t need him anyway, they already have 4 players who play in largely the same position.

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    Mute James Murphy
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    Jan 13th 2015, 12:35 PM

    I wonder will sanogoal keep up his record at palace

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    Mute Davin Lynch
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    Jan 13th 2015, 12:58 PM

    Transfer window is already boring,pure fantasy to sell their crummy red tops.

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    Mute Derek Mahon
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    Jan 13th 2015, 4:06 PM

    If Rodgers sells Lucas to Napoli I think questions will have to be asked about this man. He’s already driven Suso out of the club, a player who deserves much more game time and would run circles around players like Borini who’ve started ahead of him. He also got rid of Agger, yet kept Kolo, and despite lots of investment in our back4 we’re actually worse than last season.

    His persistent refusal to get a decent defensive coach in is costing our team valuable points because of his ignorance to the fact that he can’t organise a defence, never mind to the standards of other defense-organising managers like Simeone or Mourinho. If Lucas goes, we have little hope of top4 imo, he’s one of the only decent defensive mids we have and is much better than rodger’s favourite, Joe Allen.

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    Mute Ciaran
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    Jan 13th 2015, 4:26 PM

    Remember when Benitez took a huge gamble trying to sign Gareth Barry and disillusioned Xabi?!
    Didn’t sign Barry and Xabi fooked off!!
    Lucas is far more experienced than Delph, I’d sign him and hold onto Delph and let him gain experience while he is there for the rest of the season!

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    Mute John Kavanagh
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    Jan 14th 2015, 9:45 AM

    Despite the Champions League success, I still cannot find it in me to not hate Rafa over losing Xabi Alonso. He did his best to lose that final too by not starting Didi Hamann!

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    Mute Brian O Neill
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    Jan 13th 2015, 1:53 PM

    Heard a rumour that I’m going to sign for galway Utd….but fifa 15 denies it…

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    Mute John Reese
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    Jan 13th 2015, 11:38 PM

    Delph…Jasus. Not impressed if this happens

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