The chairman of the Games Administration Committee (GAC) has defended the decision to issue Kilkenny manager Brian Cody with a warning and not a suspension for his confrontation with match officials in the hurling qualifier of last Sunday week, writes Ian O'Riordan.
It appeared to send out another conflicting message regarding discipline, with Cody's warning decided on the same day the GAA announced a new crackdown on such incidents.
Yet GAC chairman Tony O'Keeffe explained yesterday Cody's case could only be dealt with under the policy existing at the time. Monday's meeting of the GAC, which Cody attended, was not influenced by the statement issued later in the day by Central Council and Management Committee. That called on all disciplinary committees to take stern, swift action against those who abuse referees by words or gestures before, during or after games.
But more significantly, it has now been disclosed Cody was not reported for any form of verbal abuse, as previously understood. Instead match referee Diarmuid Kirwan of Cork merely reported Cody for encroachment onto the pitch, and also for remonstrating over some of his decision making.
O'Keeffe emphasised Monday's statement regarding abuse of referees could not be retrospective: "We were aware there was a statement," said O'Keeffe, "but we hadn't seen it in detail. That is not an excuse by any means, and each case is dealt on its own merits anyway, but the statement would refer to future matters, and would not be retrospective. Brian Cody's case was dealt with under the system in place, and could also only deal with the charge that had been placed at him.
"But we would take the policy which Central Council has laid down for the future, and which we will now follow."
Under the pre-existing policy, any reported breaches in the sideline regulations result first of all in a warning. A second transgression results in a three-match ban. While Cody was issued with a "severe" warning, the GAC in fact had no other option, and any suspension would have gone against present policy.
"The policy that was sent out in our minutes to all counties indicates that a pitch encroachment results first of all in a warning," added O'Keeffe. "Then there is an automatic three-match ban if there is a reoffence. And no manager, incidentally, has reoffended yet under this GAC.
"When you look closely at Central Council's statement issued on Monday, we can now deal with remonstration. But we couldn't deal with it before the statement, being aware of course we had to adhere to fair procedures. But that statement is now policy, and has been since it was issued. It will be enforced from the all games played as of this weekend."
O'Keeffe also admitted Cody did claim, as part of his defence, he was six years as senior hurling manager with Kilkenny, and has never been reported for any act of indiscipline. That exemplary record was taken into account.
It has also been disclosed the GAC looked for full clarification on the referee's report, but that they were satisfied there was no charge of verbal abuse in either the report or the clarification.
Had Cody been reported for any verbal abuse of a match official the GAC would almost certainly have imposed a suspension, which under Rule 138 (3) (i) would have meant an eight-week ban.
It has also been confirmed Westmeath midfielder Rory O'Connell is still clear to line out for his county following last week's interlocutory injunction granted by the High Court.
The GAA would only be able to enforce their original 12-week suspension if they appealed the High Court decision to the Supreme Court, or were successful in the full hearing of the case. Neither course of action appears likely at this stage.