The High Court has ruled that David's Lad cannot take part in this afternoon's Mildmay of Flete Handicap Chase at Cheltenham.
David's Lad had been suspended for 42 days over his running at Naas on February 23rd, making him ineligible to compete at Cheltenham today and in next month's Aintree Grand National.
Last week, the owners of the horse got a High Court stay on the suspension so as to allow it to run at Cheltenham today.
However, the Irish Turf Club went to the High Court on Monday to have that part of the stay relating to the horse running at Cheltenham lifted. The hearing continued yesterday and Miss Justice Carroll later ruled in favour of the Turf Club, meaning that the horse will not run at Cheltenham. Apart from that variation, the rest of the stay on the suspension remains in place.
A full hearing will begin in the High Court tomorrow of the owners' application to have the 42-day suspension declared void and for an order quashing the suspension. If the owners win at that hearing, David's Lad will be able to run at Aintree.
It was claimed on behalf of the Turf Club that the Naas race had been used as a training run for Cheltenham. Yesterday's hearing was told that the trainer, A.J. Martin, had said at an inquiry by the Turf Club that "all that was in my mind was Liverpool". If David's Lad was good enough to win at Cheltenham, all the better, because he had been disappointing when only finishing third at Cheltenham last year.
He stated: "Well and good, the boys would love to have a runner at Cheltenham. That was always their intention, but it was against my wishes. They own the horse, so they are entitled to take that decision."
Miss Justice Carroll said she was deciding yesterday's application to lift the stay only in respect of the balance of convenience as it related to the horse running at Cheltenham. In her view, the evidence of the trainer undermined the contention that it was essential for the horse to run at Cheltenham. If the owners were successful in the substantial action, they should suffer no prejudice, as the trainer had not intended running the horse at Cheltenham.
The owners are Mr Edward Moran, Templemore, Co Tipperary; his brother, Mr James Moran, Mullingar, Co Westmeath; Mr Matthew Lynch, Trim, Co Meath; and Mr Nicholas Butterly, Rush, Co Dublin, who lives mostly in Portugal. All except Mr James Moran were in court yesterday and, while disappointed with the decision, they seemed intent on being in Cheltenham today.
Mr John McBratney SC, for the Turf Club, said that the trainer had not considered, as of the date of the Turf Club hearing, that it was imperative that the horse run at Cheltenham. The trainer was the person responsible for the training and running of the horse.