Another attempt to clear the way for David's Lad to run in next month's Aintree Grand National began at the High Court yesterday, two days after the racing authorities succeeded in preventing the Irish horse from racing at Cheltenham.
The horse's owners are seeking to overturn a decision of the Irish Turf Club's Appeals and Referral Committee and the trustees of the Irish Turf Club to suspend David's Lad from racing competitively for 42 days due to his performance in a race at Naas last February 23rd.
Ms Justice Carroll is being asked by the owners to find that the decision to suspend the horse was arbitrary and irrational and outside the powers of the Turf Club.
The authorities are opposing the application.
The proceedings have been taken by the four owners of David's Lad: Edward Moran, Templemore, Co Tipperary; his brother, James Moran, Mullingar, Co Westmeath; Nicholas Butterly, Rush, Co Dublin; and Matthew Lynch, Trim, Co Meath.
The owners claim no evidence or finding of wrongdoing has been adduced against them as owners by the racing authorities concerning the performance of the horse at Naas.
Mr Brian O'Moore SC, for the owners, said no allegation had been made against his clients. They were not accused of any impropriety and there was no charge against them. The trainer of David's Lad had been fined and his jockey given a period of suspension, while the horse had been suspended for 42 days. Nowhere in the rules was there "a strict liability" on the owner.
Mr John McBratney SC, for the Turf Club, said there were penalties which ultimately affected the owner, such as the disqualification of a horse, by reason of the fact that somebody else had done something wrong.
The relationship of the trainer, owner, jockey, racing authorities and the betting public was a complex one. The trainer, being the authorised agent, was critical in that relationship.
The hearing continues today.