Jockey Michael Kinane has won a High Court interim order which frees him to ride Galileo in the King George VI and Queen Elizabeth Diamond Stakes at Ascot today.
Mr Justice McCracken granted the interim injunction to Mr Ercus Stewart SC, for Mr Kinane. The order restrains the Turf Club from implementing or putting into effect a decision by the Turf Club Appeals and Referral Committee, taken earlier yesterday, to uphold the imposition of a two-day racing ban, to come into effect from July 27th, on the jockey.
The ban was originally imposed by the acting stewards at Leopardstown on July 18th for alleged careless riding and was to apply to July 27th and 28th. Mr Kinane's appeal came before the appeals committee yesterday, which upheld the ban. If the appeals committee decision had stood, Mr Kinane would have been unable to ride Galileo today.
Mr Justice McCracken said there was no doubt Mr Stewart had made out a statable case that the appeals committee decision was in breach of natural and constitutional justice and fair procedures. Mr Stewart had argued Mr Kinane was not given any opportunity by the appeals committee to make representations prior to the decision to uphold the ban.
The judge said he was also satisfied the balance of convenience lay in granting Mr Kinane the interim order. There was obviously enormous detriment to the jockey if the ban stood, while, the judge said, he could not see any great detriment to the Turf Club if the matter was postponed. It had no financial interest in the matter.
As well as financial considerations, there was the general reputation of Mr Kinane and the enormous kudos attaching to such a race, the judge added. He returned the matter to August 15th.
In his proceedings against the Turf Club, Mr Kinane is seeking a declaration that the decision of the appeals committee is null and void and in breach of natural and constitutional justice and fair procedures. He is also seeking, if necessary, an order requiring the Turf Club to appoint a further appeals and referral committee to hear his appeal and to apply the rules of natural and constitutional justice and fair procedures at that hearing.
Pending the outcome of that hearing, he is also seeking a declaration that he is entitled to ride on July 27th and 28th, 2001.
In an affidavit, Mr Andrew Coonan, solicitor for Mr Kinane, said a procedure had been agreed between all parties for yesterday's appeal hearing. This procedure provided that, if the appeals committee decided the decision that Mr Kinane had engaged in careless riding was correct, then it would allow counsel for Mr Kinane to address it and make submissions on the penalty to be imposed. This procedure was not followed.
