Racehorse trainer fails in case at first sitting of local circuit court

A racehorse trainer failed in his bid to sue a Dundalk veterinary surgeon for negligence, after he claimed tight bandages applied by the vet put an end to a horse’s promising flat race career.

At the first sitting of Drogheda Circuit Court in Drogheda, Judge Eoin Garavan dismissed the claim by Mr Tony Mulholland of Ashfield Stables, Cootehill, for €20,000, saying it was ‘a difficult and unusual case, but ultimately he couldn’t attribute any blame.’

Vet Mr Donncha Houlihan of Greenmount Equine Veterinary Clinic was awarded €800 in unpaid fees in a counterclaim.

Counsel for the defendant was Monasterboice man Mr Ronan O’Carroll BL, with another local barrister Mr Donough M McDonough BL acting on behalf of the plaintiff.

The subject of the claim was an unnamed gelding, 75% of which was owned by the plaintiff, who had part-bought it as a three-year old in 2008 for €10,000.

In 2009, it was valued by Tattersalls at €20,000, based on its ability to enter the flat racing season.

The gelding had its first run at a schooling bumper race in Dundalk racetrack on February 7th 2012.

A schooling bumper is a training race for horses, where no prize money was offered.

The court heard Mr Houlihan had attended to the six-year old in the November of 2011, where there was some concern about possible tendonitis.

A scan had been carried out, and the vet had recommended rest and a slow return to light training.

The next time the defendant saw the horse was when he was called by the plaintiff to apply exercise bandages at Dundalk racetrack.

‘I had asked a vet to do it, because of his expertise, and this was my best horse and I wanted to protect it,’ Mr Mulholland told the court.

‘ The horse came in third, but you could see he was striking out with one leg and I noticed he was lame straight after.’

Mr Mulholland said he wasn’t overly concerned, and hosed down front right leg when he returned to the stable, and kept treating it with water and applied clay to keep the leg cool.

However, over the next few days, he said noticed a discharge and when Mr Houlihan was finally called to examine the horse on February 17th, there was a large ulcer and the tendon were swollen to twice its size.

‘It was then he said ‘I’m sorry, I hold my hands up, I put the bandages on too tight’,’ Mr Mulholland told the court, something the defendant vehemently denied saying.

On cross-examination by Mr O’Carroll BL, Mr Mulholland was asked whether he saw the bandages being applied, and why he didn’t stop the vet if he thought they were too tight.

‘I didn’t want to tell a vet how to do his job,’ he replied. ‘He is the professional.’

The horse continued to receive treatment from Mr Houlihan, and on March 3rd, one course of action suggested was to euthanize the animal.

‘I didn’t want to do that, as he hadn’t done anything wrong,’ the court was told.

‘He’s a companion now.’

Whilst the horse made a recovery, it became apparent it would not be able to race competitively.

Testimony was heard by two equine experts; Mr Ian Wright for the plaintiff, who testified this type of injury, which turned out to be ‘catastrophic’, can be caused by bandage impingement, and Dr Sue Dyson for the defendant, who stated ‘ this can happen with or without bandages.’

In giving evidence, defendant Donncha Houlihan said he had bandaged horses legs on hundreds of occasions, and there was nothing unusual about this incident.

‘I strapped up two horses for Mr Mulholland that day, both identically, so I dismiss the claim that I applied them too tight,’ he told the court.

‘He made no comment at the time, and it is completely untrue that I admitted I had caused any injury. I discussed the possibility with him that the bandage may have tightened during the race, but that was one of a number of possibilities, including maybe he was struck by another horse or himself.’

Mr Houlihan also expressed surprise that the horse was raced at all, and denies he ‘gave the green light’ for it to do so.

‘I advised light training at a slow pace, and I would never tell a trainer where to race. I don’t tell a trainer his job.’

Judge Eoin Garavan considered the evidence overnight and gave a verdict on Thursday, dismissing the claim by the plaintiff and awarding €800 in unpaid veterinary fees to the defendant from a claim of €2,245 for services rendered.