James McCartan won All-Ireland medals in 1991 and 1994

An initial Games Administration Committee investigation failed to make a ruling in a case but the GAC had wanted to hold another investigation.

However, McCartan then appealed against this plan to the GAA's Management Committee and his plea was successful.

He is still facing legal action over the alleged assault on Kenny Larkin.

That case is scheduled to be heard in Dublin District Court over three days in late October.

The GAA's Management Committee ruled that the GAC had incorrectly applied the association's own rules when attempting to hold another investigation.

Down's main concern was that the GAC reinvestigation was set to be conducted by the same officials involved in the original probe.

It seems because of some procedural defect, we won't see any justice done Westmeath secretary Paddy Collins

They also challenged the fact that the Ulster Council was not prepared to lift the charge against McCartan while the hearing was suspended.

Down also claimed that it was improper that Westmeath officials had been heard before Down officials.

Reacting to this latest development, Westmeath secretary Paddy Collins said he was "amazed".

"Now it seems because of some procedural defect, we won't see any justice done," said Collins.

However, Down secretary Donal McCormack said there was "never any doubt" that McCartan was innocent.

Larkin has now recovered, having completed his Garda training and is back playing with Westmeath.