Dispute over nominee to board of Kildare-based Horse Racing Ireland comes before High Court

High Court proceedings have been brought over the selection process used by the organisation that represents Irish racehorse owners to select its representative on the board of Horse Racing Ireland.  

The action has been brought by businessman James Gough, who has been the 2,000 member-strong Association of Irish Racehorse Owners (AIRO), nominee to the board of HRI since 2015.

Mr Gough wants to be re-nominated to the board of HRI, which is Irish horseracing's governing body. However, he claims that AIRO's Council has prevented his name being put forward to the membership. 

He claims that another person's name has been put forward to the members as AIRO's nominee to the board of HRI. 

He has raised an issue in regards to that nomination process and says the Minister for Agriculture, Food and the Marine is legally obliged to determine this dispute. 

He claims the Minister is yet to determine the matter but claims the AIRO intends to press on with the nomination of their other person to the board of HRI. 

In a letter to the court, AIRO's lawyers dispute Mr Gough claims. 

It says the nomination is valid and has been done in accordance with the organisation's rules, that Mr Gough is not entitled to bring proceedings and the matter does not need to be determined by the Minister. 

In his proceedings, Mr Gough of Cois Fharraige, Silverbeach, Gormanston, Co Meath seeks orders including an injunction restraining AIRO from holding a general meeting of its members for the sole purpose of electing a nominee to sit on HRI's board.

Mr Gough, represented by Arthur Cunningham Bl instructed by solicitor Peter Boyle,  also seeks an order restraining AIRO from nominating a member to the board of HRI.

Mr Gough, who has been a member of AIRO for 18 years, was elected by the association's membership to be its representative on the HRI board. 

In his action, it is claimed the current situation has come about because of a change in the constitution where only a member of AIRO's council could be appointed as the association's representative to HRI.  

Before that change was implemented Mr Gough claims the nominated representative only had to be a member of AIRO. 

Mr Gough claims is that the Council has arranged the nomination in such a manner so there is no election for the position on the HRI board at the organisation's AGM. 

He has referred the matter to the Minister for Agriculture for determination. 

He claims that until the Minister makes a decision on the dispute it is inappropriate for AIRO to proceed with the nomination of the other person.  

The case came before Ms Justice Leonie Reynolds at the High Court on Thursday.

However, the matter was adjourned by the judge after solicitors for AIRO in a letter offered certain undertakings to Mr Gough.

The organisation, while disputing all his claims, and stating the complaint is misconceived, has agreed not to proceed with a meeting, where the nominee for appointment to the board of HRI will be selected, for a period of 21 days.  

The AIRO also agreed on a timetable for the exchange of documents in the case. 

The case will return before the courts in early March.