High Court hears how racing injury ended career of Cheltenham-winning horse after seized by CAB

John Boylan (aged 32), aka John Power, of Forest Hill, Rathcoole, Co Dublin, who CAB says is involved in drug dealing in the Clondalkin area of Dublin, is contesting CAB's claim that he acquired the horse called "Labaik" from crime.

It won €125,000 at the 2017 Supreme Novices Hurdle and at odds of 25/1, causing a shock in betting circles because of the horse's previous form. It had won four of its previous nine races and refused to leave the stalls for three of them, the court heard.

Mr Boylan is the 90% owner of the horse and says it was not bought from the proceeds of crime.

After CAB obtained an interim court order allowing the bureau to hold its seized horse passport, it remained with one of the other two part owners, who are not involved in criminality.

However, Mr Boylan's counsel, John Fitzgerald, said the effect of an injury it sustained after it was run following the CAB seizure move was to end its career.

Mr Boylan has now brought his own proceedings against CAB claiming losses arising out of the injury which he says was because the bureau allowed the horse to be run.

The court heard it had been expected to be sold for between €300,000 and €400,000, having been bought for around stg£26,000 in 2016 with Boylan a 90% owner.

CAB denies his claims and, in its own proceedings, wants the horse declared the proceeds of crime along with a 2013 Mercedes Benz, bought from the UK for stg£28,000.

CAB says Boylan is the beneficial owner of the car while he has claimed it is owned by his girlfriend Naomi Kinsella, against whom the proceedings are also brought.

The case opened before Ms Justice Carmel Stewart today but was adjourned so that CAB officers involved in the case could be cross-examined by Boylan's counsel.

Earlier, Ben Ó'Floinn BL, for CAB, reading from a CAB officer's affidavit, said Boylan/Power has convictions for drug dealing.

A silver Mercedes, in the name of Naomi Kinsella, was imported from the UK and detained in 2017 by CAB, counsel said.

The horse was purchased with money from a joint account of Boylan and Kinsella, the majority of the price being paid through a credit transfer by him. An animal feed company, called Forest Hill Animal Feeds, was also set up which is registered in the name of a Boylan associate who is also involved in criminality, counsel said.

During Mr Ó'Floinn's opening of the case, Mr Fitzgerald, for Boylan, said he understood that two CAB officers would be available for cross-examination on affidavits they had filed.

He also complained that CAB was saying his client was the owner of the horse in its own proceedings but denying it in the case taken by Mr Boylan. His client was not disputing ownership but was saying the horse was not acquired through the proceeds of crime.

However, Mr Ó'Floinn said cross-examination of the CAB officers could only take place if the Boylan side had challenged specific averments of the officers and this had not occurred.

Ms Justice Stewart said Mr Boylan had sworn in an affidavit in which he did not accept the horse came from the proceeds of crime and had also given details of his work history and set out payments from family members.

While it was ultimately a matter for the court, he was entitled to cross-examine the CAB officers, she said.

Mr O'Floinn said the officers were not available at short notice and the case would have to be put back.

The judge adjourned it to next week when it is expected a new date for the hearing will be set in October.