Couple sue over refusal to register stud stallion

A couple have claimed the refusal of the Irish Horse Board to register a Dutch-owned show-jumping stallion, valued at €1 million, as an approved stallion in the stud book of pedigree horses here is unlawful, unreasonable and indicates bias against foreign horses.

Richard and Heather Wright, custodians of the Dutch-owned stallion Ard VL Douglas, claim the stallion could be expected to cover 350 mares a year and the refusal to approve it means losses of some €300,000 a year.

In High Court proceedings, the couple, of Ard Cherrymount Stud, Clonmellon, Navan, Co Meath, have sought orders requiring the board to register the stallion as an "approved" stallion in the stud book, in which horses and all their known ancestors must be registered.

The couple are custodians of the stallion, on lease from VDL stud in the Netherlands, and with a stated value of some €1 million.

Horses are required under EU regulations to be registered in the stud book and may be categorised as approved or unapproved. Categorisation is "of crucial importance" as it determined the effective value of a stud horse, Mr Wright said.

If a stallion was not categorised as approved, it would not be expected to cover the top mares here and mares not covered by an approved stallion were not entitled to grant funding, he said. An offspring of an unapproved stallion could also never be himself approved.

The Wrights had applied to have the stallion categorised as approved, involving a lengthy process of assessment, including performance and veterinary assessment, including X-rays. The stallion passed all initial assessment but X-rays disclosed a condition of the forefeet known as side-bones and the board refused approval.

While disagreeing that non-palpable side-bones should be a reason for non-approval, Mr Wright said he had believed if there was little or no progress of ossification when the stallion was due for review at the end of 2005, the board would approve the stallion.

Despite there being no progress in ossification, he was "aghast" when the board informed him in April 2005 that the unapproved classification would not be altered. He said the veterinary panel, which advises the board, had informed it the side-bones had not progressed and that the stallion should be approved.

Mr Wright claimed that approved stallions belonging to three members of the board who opposed the approval would be in direct competition with Ard VL Douglas if he was approved. Other stallions with side-bones had been approved, he said. He was aware the board had concerns the side-bones condition may be hereditary but scientific and veterinary opinion or knowledge was "very much undecided" on that.

The board has denied the claims and has described as "ludicrous" the claim that approval or non-approval of this stallion would have any significant implications for the financial wellbeing of some board members.

The board contends the fundamental reason for refusing to register the stallion was because it has side-bones. Discriminating against stallions suffering from side-bones was important to preserve and protect the Irish equine gene pool, the board said.

There was a low incidence of side-bones here while the condition was endemic among other European warm-blood breeds.

Since the 1943 Horse Breeding Act, "at the latest", the presence of side-bones has been regarded as an unsoundness, it said.

The proceedings were listed for hearing yesterday but, after talks between the sides, Mr Justice Eamon de Valera granted an application by Michael Howard SC, for the Wrights, to adjourn the case for a week. John Gordon SC, for the board, said it was consenting to that.