BACK before the High Court on Thursday was the continuing legal action between plaintiff Thistle Bloodstock and defendants racehorse trainer Philip Fenton and Athlone international sport horse dealer Jim Derwin.

On February 7th last, Thistle Bloodstock was granted an injunction against the running of a racehorse The Tartan Spartan in a hurdle race at Naas. The legal action was taken after Thistle’s manager Andrew Hughes spotted the entry of the horse they believed had been slaughtered the previous year.

On Thursday, Thistle Bloodstock sought to have that injunction continued by the High Court until the legal title to this horse has been determined. Thistle Bloodstock is seeking the return of the horse, undertaking to look after him until end of life.

Mr Fenton and Mr Derwin opposed the continuance of the injunction, filing affidavits.

Slaughter fees

Mr Stephen Lanigan-O’Keeffe SC for Thistle Bloodstock outlined that the six-year-old racehorse had broken down last year and was sent to Mr Derwin for the purposes of slaughter only. The horse was not meant to be resold and the horsebox driver and Jim Derwin were to get the slaughter fees, estimated at between €300 to €500.

The court heard that Mr Derwin subsequently sold the horse to Mr Fenton, the latter purchasing the horse for €2,000 ‘in good faith’ and putting him back into training in his yard.

Mr Dermot B. Cahill for Mr Fenton said his client was a ‘bona fide purchaser’ who ‘took a chance’ on the animal in question.

In an affidavit, Patricia Hogan, wife of Philip Fenton, said she was now the registered owner of this horse.

Ruling due on case

Represented by James Nicholson BL, Mr Derwin, in an affidavit, stated: “No agreement or contract existed whatsoever between myself and the plaintiff at any point in relation to The Tartan Spartan and I am aghast as to why I have been included in these proceedings.” Mr Derwin’s affidavit said the driver of the horse box, Declan Glynn, rang him in June 2019 saying Thistle Bloodstock had three or four horses for sale and asked was he interested in buying them.

Mr Derwin agreed to buy them and in July 2019 sent his driver, Mark Doolin, to collect the horses.

“There was no conditions attached to the purchase of the horses. Specifically, there was no undertaking, express, tacit, or otherwise by me that the horses were to be euthanised,” said Mr Derwin’s affidavit.

“I say that I did not have any agreement with the plaintiff to slaughter the said horse.”

Mr Justice Senan Allen gave his ruling on Friday and discontinued the injunction, allowing the horse to race for trainer Philip Fenton.