Wednesday 28 September 2016

"Decision is unlawful" - Joe Brolly has jumped to the defence of Tiernan McCann and Tyrone

Published 12/08/2015 | 11:31

Tiernan McCann and Joe Brolly
Tiernan McCann and Joe Brolly

He went into battle against them many a time, but now Joe Brolly is on the same side as Tiernan McCann and Tyrone as reports suggest the Red Hand man may be hit with an eight-week ban for his shameful dive against Monaghan on Saturday.

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While Brolly was hard-hitting against all the play-acting during Tyrone's win in his Sunday Independent column, he has put his legal hat on to say that a proposed eight-week ban is "unlawful".

As reported in this morning's Irish Independent, McCann faces an eight-week ban for his dramatic dive but Brolly says such a punishment does not fit the crome.

"My view is the use of the specific provision is illegal. The law of statutory interpretation applies to any rule 1/4," Brolly, a barrister by day, wrote on Twitter.

"The lawmaker ( Congress) has created a specific offence of simulation with a specific penalty ( yellow card). 2/4.

"Tiernan's only offence, as a matter of law, is simulation, since the lawmaker is presumed to mean what he says 3/4

"if this were not so, then the disrepute provision could be used to override any offence, perverse though that would be 4/4

"so for example, a striking offence could be charged as disrepute 5/6

"the decision is therefore unlawful. It is a manipulation of the law to punish Tiernan more severely than the law allows 6/6."

Read more: Tyrone 'diver' Tiernan McCann facing eight-week ban

Tyrone boss Mickey Harte was quick to back his player on Monday evening.

"You'd have to ask other people about that because they are the ones that are throwing the abuse at us but I have to say on behalf of Tiernan McCann... if he had the chance again he would have responded differently to what happened to him and we all accept that," he told BBC Northern Ireland.

"I don't think he's the first person to overreact and he won't be the last one to ever do it and I think there is plenty of precedence there where this has happened before and it hasn't caused the same furore.

"Tiernan McCann is a fine young man, a wonder footballer, he did lots of good things on Saturday in the game that seem to have been overlooked.

"I just want to say that he wasn't entirely to blame for all of this.

"If the player who raised his hand had chosen to do something differently then the outcome would have been different as well.

"That's life, people make mistakes from time to time.

"I don't think there is anyone in this world that hasn't made a mistake now and again."

Read more: Tyrone 'diver' Tiernan McCann facing eight-week ban

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