TWO brothers failed to get a High Court order yesterday to prohibit the Irish Coursing Club (ICC) carrying out an investigation into the parentage of a greyhound pup born in May 1992.
Mr Thomas O'Connor and Mr Joe O'Connor of Saleen, Tarbert, Co Kerry, owned a greyhound bitch, Star Razor, which it was claimed gave birth to 12 pups, one of which died, in May 1992.
They claimed the bitch was mated with a stud dog, Crafty Thriller, in March 1992. This was not a success and on the following day she was mated with another stud dog, Sirron.
The President of the High Court, Mr Justice Costello, in his judgment said that because of the circumstances in which the mating had occurred it was arranged that blood samples would be sent for DNA testing to Dr E. Kelly at Serology Ltd, a company providing blood typing services at UCD.
Following the tests, the ICC wrote to the O Connors referring to the results and indicating an investigation into the declaration form was to be held on December 22nd, 1992. The O'Connors went to a solicitor and he asked for and got an adjournment.
The adjourned hearing did not take place until December 12th, 1994, two years later.
On the morning of the hearing the O'Connors' solicitor was informed that some members of the sub committee which was to conduct the hearing had received copies of meetings which Dr Kelly attended on April 7th and 14th.
While no question of bias was thought to exist, the sub committee decided to disqualify itself and the hearing was aborted.
Mr Justice Costello rejected the O'Connors' claim that because of delay which had occurred in holding the investigation the procedures had now become so unfair as to be a breach of the O'Connor brothers' rights-and should not be allowed to continue.
He also rejected a claim that the court should conclude that the hearing would be biased and that no impartial committee of members of the ICC could be established because all the members were aware of the case.
The delay in this case would not prejudice the ICC inquiry or mean the inquiry would not be fair. He could find nothing in the evidence to suggest the ICC was deliberately trying to avoid a hearing.
Mr Justice Costello said he did not believe there were circumstances that would lead a right minded person to conclude that there was a real likelihood of a biased result.
He granted a stay in the event of an appeal.