Background to the case
A civil case in Letterkenny Circuit Civil Court, Co Donegal, hinged on the testimony of a former GAA match referee. The dispute arose after a player sustained a facial injury that resulted in the loss of teeth following a game. The case, which had been due to proceed, was delayed when the referee—who was summoned as a key witness—failed to appear in court.
The warning from the judge
Judge Simon McAleese issued a stark warning to the absent witness, underscoring that the court’s proceedings must not be impeded by voluntary withdrawals or non-attendance. While acknowledging the defendant’s barrister’s efforts to secure the witness, the judge stressed that the referee’s absence had created a risk of miscarriage of justice.
Who was summoned and why
The defendant’s legal team, led by Mr Simon Gillespie, BL, had summoned the referee to provide crucial evidence about a free kick that was awarded during the incident, and about whether a card was issued. The testimony was described as essential to establishing accountability for the events on the field and the resulting injury. According to the barrister, only the referee could offer the necessary confirmation of those decisions.
The referee’s response
In court, the defence’s solicitor, Mr Patsy Gallagher, said he had spoken with the referee, who claimed he was no longer active as a referee and was not in Co Donegal on the day in question. The witness also allegedly expressed indifference to the proceedings. The referee’s current residence reportedly did not match the summons address, which had been sent to the GAA Centre of Excellence in Convoy, Broadpath, Convoy, Co Donegal.
Judge’s attempt to keep proceedings on track
Mr Gillespie sought an adjournment to allow a fresh attempt at serving the witness, but Judge McAleese showed understanding while recognizing the public interest in a timely trial. He noted the tension between respecting referees’ voluntary service and upholding legal obligations. The judge warned that even volunteers are not above the law and cannot simply opt out of court appearances.
Implications for the case
The judge’s remarks highlighted a broader issue: the practical challenges of obtaining civilian witnesses in legal disputes involving community sports. Barrister Peter Nolan, BL, who represented the plaintiff, indicated that other witnesses had taken time off work and would need compensation if the case did not proceed as scheduled. The court planned to revisit the matter on the next scheduled date, with the possibility of a bench warrant being issued if the referee remained unavailable.
Judicial stance on accountability
Judge McAleese emphasised that the referee’s role carried public responsibility, even if the position is viewed as voluntary or respected within the community. He asserted that the court would not accept excuses that undermine the administration of justice, stating, “Just because you are a referee and a volunteer and may be held in high esteem locally, it does not mean that you are above the law.”
Next steps
The court ordered a concrete effort to contact the referee—via text, a phone call, and a formal letter to the chairperson of the Donegal GAA in Convoy—with a high likelihood of a bench warrant if the witness failed to appear. The matter was scheduled to be mentioned again the following Friday, at which point the court would consider the appropriate remedy and address the potential compensation for other witnesses’ time off work.
As proceedings pause for now, the case remains a reminder that accountability in sport extends beyond the pitch and into the courtroom, where witnesses, even those who serve voluntarily, have a duty to participate in judicial processes.
