Owners 'embarrassed at having sold a perfectly good horse' for slaughter which later ran in race

The owners of a "broken down" stallion sent for slaughter - but which was later entered in a race - were embarrassed because they sent a perfectly good animal to be put down, the High Court has heard.

Owners 'embarrassed at having sold a perfectly good horse' for slaughter which later ran in race

The owners of a "broken down" stallion sent for slaughter - but which was later entered in a race - were embarrassed because they sent a perfectly good animal to be put down, the High Court has heard.

Thistle Bloodstock, whose beneficial owner is Dubai-based Jim Long, should not be given a continued injunction to prevent the Tartan Spartan from being entered into races, horse trainer Philip Fenton and horse dealer Jim Derwin have argued.

Thistle was granted the injunction against the two men after its manager and trainer Andrew Hughes picked up a newspaper on February 7 last to see the horse had been entered at Naas Racecourse the next day. On February 7, Thistle got the injunction following a one-side-only represented application.

The case was back today when Thistle sought to continue the injunction until the legal title to the horse has been determined.

Mr Fenton and Mr Derwin oppose the continuation of the injunction. Mr Justice Senan Allen said he would try to give his ruling on Friday morning.

Stephen Lanigan-O'Keeffe SC, for Thistle, said the six-year-old stallion had broken down last year and was sent for slaughter to Mr Derwin, an international horse dealer, solely for the purpose of having it put down.

It was not sent for re-sale and the horsebox driver and Mr Derwin were supposed to get the €300 to €500 from the knackery depending on whether its meat could be used for pet food, counsel said.

However, counsel said, Mr Derwin "in a rather strange transaction" sold the horse on to Mr Fenton who said he purchased it in good faith for €2,000.

Thistle seeks the return of the horse but in the meantime is satisfied that it is being well looked after by Mr Fenton, counsel said. As it has now been gelded, Thistle was prepared to give it a home for the rest of its life, he said.

His client’s main concern was the horse's welfare and to uphold a policy and principle that its horses should be looked after until end of life.

The reason for this is that there has been a public debate about abuses within the industry in which identifying micro chips in low-value thoroughbreds have been removed and the animals have ended up in poor circumstances in homes or sent abroad, counsel said. Thistle tried to ensure this did not happen by sending them for slaughter.

Mr Derwin, in an affidavit, said the driver of the horse box who was taking a number of horses from Thistle for slaughter rang him and said he might be interested in the Tartan Spartan.

He had no dealings at all with Thistle and was "aghast" when he was informed an injunction had been granted against him earlier this month.

His reputation was vital to his business and Thistle had defamed him and done irreparable damage, he said.

Mr Fenton, whose wife Patrica Hogan says she is now registered owner of the horse, said in an affidavit Thistle "is embarrassed at having sold a perfectly good horse".

He was contacted last July about a horse Mr Derwin had and he decided to take a "second look" at it. He then put it into training at his Carrick-on-Suir farm.

Thistle, he claimed, was now "trying to take advantage" of his hard work in bringing the horse back to racing form.

James Nicholson BL, for Mr Derwin, said the crucial issue in this case was that Mr Hughes had got rid of a "an obviously good horse" and "suddenly Mr Hughes’ reputation is on the line with his boss Mr Long."

Dermot B Cahill, for Mr Fenton, said his client acted as a bona fide purchaser and when he saw the animal "he took a chance on him".

Mr Hughes, on the other hand, failed to take proper steps to ensure the animal was sent for slaughter. "He is the author of his own misfortune and his misfortune should not be visited on Mr Fenton," counsel said.

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