Michael Friel and (inset) Laurence McMullan. Potos: North West Newspix
A Donegal man who sustained a 7-centimetre laceration to his scrotum during a Gaelic football match will tell a court of the impact of the injury later this month.
Laurence McMullan, who was hospitalised after the incident, has said that he wants to read a victim impact statement.
Michael Friel was charged with assault causing harm to Mr McMullan in Convoy on August 18, 2017 and was due to be sentenced this week.
Judge Éiteáin Cunningham adjourned the matter until February 27 to allow her time to read over Mr McMullan's victim impact statement and also a probation and welfare report on Friel, both of which were only submitted to the court on Tuesday morning.
Friel, a 25-year-old of Millview, Keshends, Newtowncunningham, was playing for Naomh Colmcille when he grabbed Mr McMullan, who was playing for St Mary’s, Convoy, by the testicles.
Mr McMullan received medical treatment at Letterkenny University Hospital for a laceration to his scrotum.
Mr McMullan told how he felt a sharp sting, but played on for the last six minutes of the game. At the end of the game, Mr McMullan realised he was bleeding and a medical report showed that he sustained a seven-centimetre laceration to his scrotum, which required eight stitches.
Barrister for Friel, Mr Peter Nolan, instructed by solicitor Mr Frank Dorrian, applied for the case to be dismissed. Mr Nolan contested that Friel did not intentionally cause harm and that such instances were ‘part and parcel’ of the game.
Judge Éiteáin Cunningham, having reviewed video footage of the game, said she was satisfied that grabbing an opponent by the testicles and causing a 7cm laceration was not ‘within the rules or culture’ of Gaelic football.
Friel previously acknowledged causing the injury but stressed that the incident was unintentional. The court heard that Friel sent Mr McMullan a text message to apologise the day after the game.
Inspector Paul McHugh said there was no attempt to tackle for the ball, which Mr McMullan had at chest level when the defendant made contact with the victim’s scrotum.
While ‘certain conduct is admissible and consented to’ and there is a ‘certain degree of assumed risk when partaking in contact sport’, Judge Cunningham said the incident fell outside of what Mr McMullan had ‘explicitly consented to’.
“While Mr Friel did not set out to cause the laceration, I am satisfied that it was a reckless tackle, causing harm,” Judge Cunningham said .
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