Jockey Eddie O’Connell and trainer Jim Lambe are to ask the High Court to stop the Irish Turf Club from continuing with an inquiry into allegations that they were involved in irregular betting.
Barrister Feichín McDonagh SC told the court that the Turf Club was due to investigate alleged betting irregularities arising from the running of Yachvili in a beginners chase at Downpatrick racecourse two years ago.
He said Yachvili had been ridden by Mr O’Connell, Monasterevin, Co Kildare, and trained by Mr Lambe at Brookland Stables, Kilmore, Co Armagh. Mr McDonagh, for both jockey and trainer, said that at its next meeting, the Turf Club planned to consider whether his clients and others, including the owner Robert Martin, breached the rules of racing in the race.
The case is considered to be an important test case with regard to how the rules of horse racing are enforced.
Mr O’Connell and Mr Lambe are seeking an order restraining the Turf Club from continuing its inquiry into their alleged conduct. They are also looking for declarations that the Turf Club’s rules of racing were drawn up without jurisdiction and not in accordance with law.
They further seek declarations that sections of the Irish Horse Racing Industry Act 1994, the legislation which made the Turf Club the official statutory body responsible for flat racing, are unconstitutional.
Mr McDonagh said the Turf Club had given itself unjustified far-reaching powers for the regulation of the industry. He said its jurisdiction to impose sanctions could not be found in the legislation which made it the statutory body responsible for the regulation of flat racing.
Mr McDonagh said the allegations against his clients were very significant in that any decision taken by the Turf Club could have an enduring effect on their ability to earn a livelihood and protect their good names.
He said no right existed to appeal to a court any adverse finding by the Turf Club.
Mr Justice Peter Charleton granted Mr O’Connell and Mr Lambe ex-parte permission to bring their actions and adjourned to Monday.