GAA player goes on trial for allegedly punching opponent in face and damaging his teeth

SeƔn McCƔrthaigh
A Wicklow GAA club player has gone on trial for allegedly punching an opponent in the face and damaging several of his teeth during a competitive league match five years ago.
Billy Cullen (39), a player with Baltinglass GAA club, pleaded not guilty at a sitting of Wicklow Circuit Criminal Court on Tuesday to a charge of assault causing harm to Kevin Rogers, contrary to the Non-Fatal Offences Against the Person Act 1997.
Mr Cullen, of Lathaleere, Baltinglass, Co Wicklow, is accused of punching Mr Rogers during a Division 1 league match between Baltinglass and Blessington at the grounds of Blessington GAA club on June 9th, 2019.
The court heard the defendant claims that the victim incurred his injuries when he accidentally came in contact with the head of one of his own players after a group of players gathered around the accused and Mr Rogers.
The alleged incident occurred during the second half of the match when Blessington were ahead in the game, which they ultimately won.
Mr Rogers described how he went to tackle Mr Cullen when his opponent had possession of the ball near the Blessington goal.
The midfielder said he shouldered the accused, who then feinted a punch at him.
Mr Rogers admitted reacting to that by sticking out his leg, which tripped the Baltinglass player.
The witness said that his opponent after getting up threw the ball in his face followed by a punch āstraight into my mouth.ā
āI grabbed my mouth as I knew something wasnāt right,ā said Mr Rogers. āI knew bad damage was done.ā
He recalled that his gum shield split at the front and he had blood running from his mouth straight away.
The witness said that after Mr Cullen had been given a red card by the referee, the accused, whom he knew from their clubs playing against each other over many years, looked at him laughing and said: āGo on, you f**king coward.ā
Mr Rogers said he tried pushing his teeth back into his gum before attending an emergency dental clinic in Dublin.
At one stage he thought that the punch had āknocked six teeth down my throat.ā
The court heard that the player ultimately lost only one tooth but also required two root canals, while another tooth subsequently started to go dark and others were āchipped and badly damaged.ā
Mr Rogers said there were āongoing thingsā with his teeth.
CCTV footage shown at the trial captured some of the incident. It showed the referee had blown the whistle for a foul involving other players but the play continued during which the alleged assault took place.
Opening the case for the prosecution, counsel for the DPP, James Kelly BL said the accused had no legal justification for assaulting his opponent.
Mr Rogers said that he had insurance for injuries as someone who played a contact sport but what happened was āten times levels above that.ā
Under cross-examination by defence counsel, Damian Sheridan BL, the witness agreed he was an experienced player who knew the rules of GAA football.
Asked about his attempt to stop Mr Cullen in play, Mr Rogers said he had tried to use āa little hustle and bustleā with his shoulder.
He denied a suggestion by Mr Sheridan that he had his arm raised in an attempt to āclotheslineā his opponent.
Mr Rogers explained he had raised his arm after Mr Cullen had shouldered him in the chest.
He also admitted tripping the accused which he accepted was foul play, but said it happens āprobably ten times a match.ā
The witness also accepted that he stood over Mr Cullen after he fell to the ground, but stressed: āThere was no intention to do anything.ā
Asked at what point the accused was entitled to defend himself, Mr Rogers replied: āNothing was going to happen.ā
Mr Rogers acknowledged that he also ānudgedā the other player as he got up off the ground in order to indicate ācop on.ā
He claimed what happened was āhustle and bustleā before adding: āItās what you sign up for in the GAA.ā
Mr Rogers said there was always āa bit of hustle and bustleā between the two teams but it ānever came near the extent that [Mr Cullen] went to.ā
āThe first bit of aggression was the attempted punch,ā he stressed.
The court heard the defendant told gardaĆ when interviewed about the incident that he had the ball when he received a āstiff-armed, closed fist blowā from Mr Rogers before swiping his opponentās arm away.
The accused claimed Mr Rogers then kicked him āaround the shinsā and later gave him a frontal shoulder charge to his chest before ācoming at me again.ā
He said he kept his head down and tried to protect himself as a āgeneral meleeā among players of both teams broke out for about ten seconds.
In a pre-prepared statement provided to gardaĆ, Mr Cullen maintained that Mr Rogers obtained his injuries from an accidental blow from the back of the head of one of his own teamās players.
An injured Blessington player watching the match near the goal line, Wayne Callaghan, gave evidence of seeing the accused throwing the ball at Mr Rogers which was āfollowed with a punchā as his teammate was turning away.
Mr Callaghan described the blow as āvery hardā before seeing Mr Rogers grabbing his mouth and blood trickling from it.
Under cross-examination, he acknowledged that around five or six players subsequently engaged in ājostling.ā
In a written statement, a dental surgeon, Maria OāBrien, said three of the victimās teeth were loose with one of them partially dislodged from its socket, while his palate bone had been pushed backwards.
Garda Seamus Gray told the court that Mr Rogers teeth were ācracked and looseā when he interviewed him at the Blessington GAA grounds on the day of the match.
He told Mr Sheridan that he had contacted the chairman of Baltinglass GAA club to ask if any of their players would provide a statement but ānobody came forward.ā
The trial before Judge Terence OāSullivan and a jury of seven men and five women is expected to conclude on Wednesday.
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