Racehorses 'making muck' out of Killarney estate's green area, court told

Killarney race course. Picture: Healy Racing

Horses brought to and from Killarney race course were "making muck" out of a residents’ green area, the Circuit Civil Court in Killarney heard on Tuesday.

Ex-parte orders granted to Killarney Race Company at the Circuit Civil Court in Tralee in July, prior to the race meeting, restrained the residents of Castle Falls, Killarney, from obstructing the horses on foot on their way to and from the stable yard during race meetings.

Castle Falls is a housing estate on Ross Rd alongside the race course, the court has heard.

A motion by the race company came before the court on Tuesday, seeking costs related to the July injunction. 

Elizabeth Murphy, counsel for the race course company, said no defence had been filed by the residents and she was seeking costs.

On May 14, prior to the May races, a van had to be towed from blocking the right of way; the following week placards saying ‘No horses’ were placed; a trench was dug out on July 9 and stones placed in it, Ms Murphy said.

"The residents have no proprietary interest, high up or low down," Ms Murphy said. 

The green area was owned by WK O’Connor & Sons Ltd and had been taken in charge by Kerry County Council, both of whom were notice parties in the case, the barrister said.

Three months had passed since the July injunction and no defence had been filed by the residents and she was now seeking costs.

However Micheál Munnelly, counsel for the residents, said the "substantive dispute is the plaintiffs allege they have the right to bring horses through a housing estate".

"This has to be tried. My people reside in a housing estate. They say the plaintiffs [the race course company] should not be allowed to bring horses through their housing estate," Mr Munnelly said.

In July the residents undertook not to protest any further and had not breached the injunction, he said.

"We have not since then, high up or low down, breached our undertaking," Mr Munnelly said.

"The horses come up and down through our housing estate making muck of our green area but we are stuck with that until the case is heard," he told Judge Terence O’Sullivan.

The defendants are Frank Doran, Paul Cullinan, John O’Sullivan, Patricia McNamara, Diana Auzbikev, and Geraldine Doran, an unincorporated association styling itself The Castle Falls Residents Association.

Mr Doran was in court on Tuesday. 

A number of directors of the Killarney Race Company were also in court in Killarney for the proceedings including the chairman of the Killarney race company Billy O’Sullivan, former chairman Gerard Coughlan, secretary Áine O’Donoghue, and vice chairman Niall Brosnan.

Judge O’Sullivan adjourned the matter for three weeks to allow the defence to be filed.