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Dublin: 8°C Tuesday 11 May 2021

Challenge over investigation into greyhound who tested positive for banned substance dismissed

The judge said the challenge against the inquiry into findings concerning “Clonbrien Hero” was “premature”.

File photo
File photo
Image: Shutterstock/Juhku

THE HIGH COURT has dismissed a greyhound trainer’s action against the Irish Greyhound Board (IGB) inquiry into findings that a dog had traces of a prohibited substance in its system.

Justice Tara Burns, in finding against trainer Graham Holland, Golden, Co Tipperary, said his challenge against the inquiry into findings concerning “Clonbrien Hero” was “premature”.

The judge said that the proceedings were brought at a time when Holland’s rights to fair procedures and natural justice had not been breached, nor were in imminent danger of being breached.

The judge in dismissing the case added that she was also satisfied the was no breach of the statutory framework governing the considerations of these matters.

The findings at the centre of the case relate to samples taken from the dog trained by Holland in three races in Cork in June and July where traces of the drug benzoylecgonine, which is the principal metabolite of cocaine, were found.

The IGB published its findings on its website.

In judicial review proceedings against the Control Committee of Bord na gCon, Holland sought to challenge the inquiry on grounds including that he had not been told what exactly the case against him is.

He also claimed that the committee had acted in breach of fair procedures and natural justice and sought to have the decision to proceed with a disciplinary hearing against him quashed by the High Court.

The committee’s hearing was put on hold pending the outcome of the High Court action.

The challenge was opposed by IGB, which denied that Holland’s rights had been disregarded by it.

It also argued that Holland’s action was premature.

About the author:

Aodhan O'Faolain & Ray Managh

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