Lawyers for the Irish Turf Club have taken High Court proceedings which, if successful, would prevent racehorse David's Lad running at Cheltenham tomorrow. The hearing of the application continues today.
After the horse ran in a race at Naas on February 23rd last, it received a 42-day suspension.
However, last Thursday the horse's owners secured on an ex-parte basis (only one side represented) a High Court stay on that suspension which enabled the horse to run at Cheltenham tomorrow and in the Aintree Grand National next month.
The owners of the horse are: Mr Edward Moran, Templemore, Co Tipperary; Mr James Moran, Mullingar, Co Westmeath; Mr Matthew Lynch, Trim, Co Meath; and Mr Nicholas Butterly, Rush, Co Dublin. Their proceedings are against the appeals and referral committee of the Irish Turf Club and the trustees of the Irish Turf Club.
In the continuing proceedings before the High Court, the racing authorities are seeking only to have the stay lifted.
In judicial review proceedings which will come before the court later, the owners will apply for a declaration that the respondents' decision of March 3rd last suspending David's Lad from racing for a period of 42 days from that date is void.
The owners will also apply for an order quashing the decision suspending the horse and an injunction restraining the authorities acting on foot of the decision. It is claimed by the owners that there was no evidence or finding of wrongdoing by the appeals and referrals committee against them as owners. They contend that the committee had acknowledged there was no wrongdoing by the owners and had acted beyond their powers in suspending the horse.
Yesterday, Mr John McBratney SC, for the ITC, said that given the decision to run the horse tomorrow, his clients, being statutorily required to uphold discipline, came to court to have that part of the order which permitted David's Lad to run at Cheltenham lifted.
The Turf Club had a statutory obligation to ensure that races were run fairly and properly. They had obligations not only in Ireland but under agreements to the authorities who were in the same position outside this jurisdiction.
Mr Michael Cush SC, for the owners, will make submissions to Miss Justice Carroll today.