MR Brendan McGahon TD has denied he alleged in an RTE radio interview that a five-strong media-based racehorse syndicate deliberately staged a betting coup to benefit themselves by "pulling" their horse before a top race.
RTE has been sued for £30,000 damages by two members of the syndicate which owned the racehorse, Redundant Pal, claiming remarks on the Pat Kenny Show of February 26th, 1990, suggested their horse did not try to win a two-horse race which some punters believed it could not lose.
Mr Frank Clarke SC, for RTE, yesterday told the Dublin Circuit Civil Court it was no part of RTE's defence that there was any impropriety involved in the running of Redundant Pal. His clients denied the alleged defamatory words referred to the plaintiffs and was claiming that what was said was fair comment.
Mr Garrett Cooney SC told Judge Alison Lindsay the action was taken by Mr Sean Boyne, news editor of the Sunday World, and Mr Gerard Cooke, secretary of a Dublin finance company.
In 1987, they, along with RTE sports commentator, Mr Jimmy Magee, RTE sports editor, Mr Tim O'Brien, and Sunday World sports editor, Mr Peter O'Neill, bought a financial interest in Redundant Pal, a horse which eventually enjoyed a considerable amount of success as a hurdler.
Mr Cooney said one of Redundant Pal's first big successes was winning the Ladbroke Handicap Hurdle at Leopardstown in 1989 against entries from top English stables. For the remainder of the season it had raced with varying success and, on December 29th, 1989, it participated in a £5,000 two-horse race against Firians Law.
"Because of its previous form, Redundant Pal was quoted favourite at 5-to-1 on odds which no punter would accept because after tax it would be impossible to win money," Mr Cooney said.
He said the challenge race was a precursor to the 1990 Ladbroke Handicap Hurdle which was scheduled for a fortnight later on January 13th, 1990. Redundant Pal had been beaten handsomely in the December challenge by Firians Law.
Mr Cooney said the outcome would have had no effect on the weight handicap imposed on Redundant Pal for the Ladbroke's Handicap Hurdle as the handicap of 11 stone 5 lb had already been fixed.
The fixed handicap was something the plaintiffs would expect RTE and Mr McGahon, who played a part in the alleged defamation, to have known.
Mr Cooney said the horse won the 1990 Ladbroke's Hurdle at an S.P. of 20/1 with a price of 46/1 having been paid out on the Tote.
He said that shortly after that race a debate on the 1990 Budget had taken place in the Dail in which Mr McGahon spoke under privilege. He had made an attack on Redundant Pal and its owners, suggesting they had organised a betting coup and had behaved like "con" men.
Mr Cooney said Mr Boyne and Mr Cooke had been very angry and Mr O'Neill had actually challenged Mr McGahon to repeat his remarks outside the Dail. Mr McGahon, apparently unwittingly, had taken up the challenge and RTE certainly had.
Mr McGahon went on The Pat Kenny Show and more or less repeated what he had said in the Dail that there was some sort of deceit behind the running of the horse. This had been broadcast with the willing assistance of presenter Pat Kenny.
Mr Cooney said the clear implication was that Mr McGahon was suggesting that Mr Boyne and Mr Cooke had been engaged in some sort of a confidence trick against the bookmakers and ordinary punters.
Mr Cooney said the suggestion in the interview was that because of low prize money and high training and upkeep fees his clients were left with no alternative but to organise betting coups to raise money, which was untrue.
Mr Cooney said his clients case was that Mr McGahon, by a reference to derisory prize money, had repeated a direct accusation he had made in the Dail about racehorse owners being forced to rely on betting coups, particularly in handicap races.
Towards the end of the interview, Mr Kenny had stated that Mr McGahon had articulated the distrust felt by ordinary punters "well founded or otherwise".
Mr McGahon denied that anything he had said during a speech in the Dail and on The Pat Kenny Show had referred specifically to Redundant Pal or its five-man ownership syndicate.
The case continues today.