Brolly adamant McCann ban won't stick
August 12, 2015
RTE pundit Joe Brolly makes his way to the game. INPHO
Joe Brolly has gave his legal opinion as to why Tiernan McCann's eight-week suspension handed down by the Central Competition Controls Committee will not stick.
Brolly, who is a barrister, as well as a football pundit on RTE, had his advice sought out by former Tyrone All Star Philip Jordan on Twitter last night and weighed in with the following:
@PhilipJordan7 my view is the use of the specific provision is illegal. The law of statutory interpretation applies to any rule 1/4
- Joe Brolly (@JoeBrolly1993) August 12, 2015
@PhilipJordan7 the lawmaker ( Congress) has created a specific offence of simulation with a specific penalty ( yellow card). 2/4
- Joe Brolly (@JoeBrolly1993) August 12, 2015
@PhilipJordan7 Tiernan's only offence, as a matter of law, is simulation, since the lawmaker is presumed to mean what he says 3/4
- Joe Brolly (@JoeBrolly1993) August 12, 2015
@PhilipJordan7 if this were not so, then the disrepute provision could be used to override any offence, perverse though that would be 4/4
- Joe Brolly (@JoeBrolly1993) August 12, 2015
@PhilipJordan7 so for example, a striking offence could be charged as disrepute 5/6
- Joe Brolly (@JoeBrolly1993) August 12, 2015
Tweet@PhilipJordan7 the decision is therefore unlawful. It is a manipulation of the law to punish Tiernan more severely than the law allows 6/6
- Joe Brolly (@JoeBrolly1993) August 12, 2015
