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11 Apr 19
19:43
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18 Feb 02
Trainer Elliot tells High Court he never spoke to majority owner of star horse CAB claims was bought with crime proceeds
Ruaidhrí Giblin Irish Independent.
April 11 2019 6:25 PM
GRAND National winning horse trainer Gordon Elliot has told the High Court that he never spoke to the 90 per cent owner of a horse the Criminal Assets Bureau (CAB) claims was purchased using the proceeds of crime.
CAB alleges John Boylan (32), aka John Power, of Forest Hill, Rathcoole, Co Dublin, is involved in drug dealing in the Clondalkin area. He disputes the bureau’s claim that he purchased 90 per cent of the horse, named Labaik, through the proceeds of crime.
Mr Boylan has brought his own proceedings against CAB claiming losses arising out of an injury the horse sustained at a race in April 2017, contending CAB had a statutory duty to preserve the value of assets it seizes. CAB denies Mr Boylan’s claims.
Giving evidence in the High Court today, horse trainer Gordon Elliot, who has no involvement in crime, said he owned 5pc of Labaik, and another 5pc was owned by bloodstock agent Aidan O’Ryan.
It is not in dispute that Mr Boylan owns 90pc of the horse, though this share of ownership is registered to a man named Anthony O’Sullivan.
Labaik, which was purchased for €28,000 in April 2016, shocked the racing world when he won the Supreme Novice’s Hurdle at Cheltenham in March 2017 at odds of 25/1.
The horse's passport was seized by CAB officers the following month, which meant the horse couldn't travel. It was handed back to Mr Elliot ahead of the Champion Hurdle at Punchestown in April, 2017, where Labaik suffered a career-threatening injury.
Mr Elliot agreed with Benedict Ó Floinn SC, for CAB, that the horse was a bit quirky. He said the horse had a “massive engine” and was a “very good horse when he jumped off, but he had a quirk … (he) was a bit of a boyo”.
He said he had never spoken to Mr Boylan and that nobody expressed any concern to him about Labaik running in the race.
Mr Boylan has told the court that it was a scandalous decision to run the novice horse in the Champion Hurdle, claiming it was like 10-year-olds playing football against 18-year-olds.
In response to this, Mr Elliot said everyone in the horse racing industry had an opinion. “In my view, the horse was the second or third favourite. There wasn’t much between him and the other horses in the race.”
He said Labaik was now doing light exercises, “nothing too serious”, but he couldn’t guarantee that the horse would ever return to 100pc fitness, “it’s day to day”.
If Labaik continued to make progress and won his first race back, he could become very valuable again, Mr Elliot said.
Under cross examination from John Fitzgerald SC, for Mr Boylan, Mr Elliot said the horse was worth between €250,000 to €300,000 after the Cheltenham victory but was “not worth very much” now.
In his closing submission, Mr Fitzgerald said CAB had a statutory duty to preserve the value of the assets it seizes.
He said it was remarkable that CAB operated on the instructions of somebody who owned 5% of the horse - Mr Elliot - without considering the wishes of the person who owned 90pc of the horse.
In his closing submission, Mr Ó Floinn said the "gateway" to both sets of proceedings was Mr Boylan's alleged criminality. Mr Ó Floinn said senior gardaí had alleged that Mr Boylan was a supplier of controlled drugs, including heroin, in the Ronanstown area of Clondalkin and that he visited the area on a daily basis to allegedly manage the supply of drugs.
"Where did the money come from," Mr Ó Floinn asked. He said "damning evidence" had come from Mr Boylan himself.
He said Mr Boylan gave evidence that an unexplained differential in income of around three-quarters of a million euro, was bridged by "gambling" and the sale of “two piebald horses”. CAB on the other hand, had provided a detailed account of how the differential was allegedly bridged by the sale of drugs, and all Mr Boylan had provided was a denial.
If the court was satisfied that the purchase of Labaik was financed by the proceeds of crime, Mr Ó Floinn said there could never be a claim for damages.
"The only person who has lost out by reason of what happened to the horse is the Minister" in favour of whom an order was sought, he submitted.
Ms Justice Carmel Stewart said she would reserve her judgment. She said Labaik’s passport should remain with CAB until she delivered her judgment.
Ruaidhrí Giblin Irish Independent.
April 11 2019 6:25 PM
GRAND National winning horse trainer Gordon Elliot has told the High Court that he never spoke to the 90 per cent owner of a horse the Criminal Assets Bureau (CAB) claims was purchased using the proceeds of crime.
CAB alleges John Boylan (32), aka John Power, of Forest Hill, Rathcoole, Co Dublin, is involved in drug dealing in the Clondalkin area. He disputes the bureau’s claim that he purchased 90 per cent of the horse, named Labaik, through the proceeds of crime.
Mr Boylan has brought his own proceedings against CAB claiming losses arising out of an injury the horse sustained at a race in April 2017, contending CAB had a statutory duty to preserve the value of assets it seizes. CAB denies Mr Boylan’s claims.
Giving evidence in the High Court today, horse trainer Gordon Elliot, who has no involvement in crime, said he owned 5pc of Labaik, and another 5pc was owned by bloodstock agent Aidan O’Ryan.
It is not in dispute that Mr Boylan owns 90pc of the horse, though this share of ownership is registered to a man named Anthony O’Sullivan.
Labaik, which was purchased for €28,000 in April 2016, shocked the racing world when he won the Supreme Novice’s Hurdle at Cheltenham in March 2017 at odds of 25/1.
The horse's passport was seized by CAB officers the following month, which meant the horse couldn't travel. It was handed back to Mr Elliot ahead of the Champion Hurdle at Punchestown in April, 2017, where Labaik suffered a career-threatening injury.
Mr Elliot agreed with Benedict Ó Floinn SC, for CAB, that the horse was a bit quirky. He said the horse had a “massive engine” and was a “very good horse when he jumped off, but he had a quirk … (he) was a bit of a boyo”.
He said he had never spoken to Mr Boylan and that nobody expressed any concern to him about Labaik running in the race.
Mr Boylan has told the court that it was a scandalous decision to run the novice horse in the Champion Hurdle, claiming it was like 10-year-olds playing football against 18-year-olds.
In response to this, Mr Elliot said everyone in the horse racing industry had an opinion. “In my view, the horse was the second or third favourite. There wasn’t much between him and the other horses in the race.”
He said Labaik was now doing light exercises, “nothing too serious”, but he couldn’t guarantee that the horse would ever return to 100pc fitness, “it’s day to day”.
If Labaik continued to make progress and won his first race back, he could become very valuable again, Mr Elliot said.
Under cross examination from John Fitzgerald SC, for Mr Boylan, Mr Elliot said the horse was worth between €250,000 to €300,000 after the Cheltenham victory but was “not worth very much” now.
In his closing submission, Mr Fitzgerald said CAB had a statutory duty to preserve the value of the assets it seizes.
He said it was remarkable that CAB operated on the instructions of somebody who owned 5% of the horse - Mr Elliot - without considering the wishes of the person who owned 90pc of the horse.
In his closing submission, Mr Ó Floinn said the "gateway" to both sets of proceedings was Mr Boylan's alleged criminality. Mr Ó Floinn said senior gardaí had alleged that Mr Boylan was a supplier of controlled drugs, including heroin, in the Ronanstown area of Clondalkin and that he visited the area on a daily basis to allegedly manage the supply of drugs.
"Where did the money come from," Mr Ó Floinn asked. He said "damning evidence" had come from Mr Boylan himself.
He said Mr Boylan gave evidence that an unexplained differential in income of around three-quarters of a million euro, was bridged by "gambling" and the sale of “two piebald horses”. CAB on the other hand, had provided a detailed account of how the differential was allegedly bridged by the sale of drugs, and all Mr Boylan had provided was a denial.
If the court was satisfied that the purchase of Labaik was financed by the proceeds of crime, Mr Ó Floinn said there could never be a claim for damages.
"The only person who has lost out by reason of what happened to the horse is the Minister" in favour of whom an order was sought, he submitted.
Ms Justice Carmel Stewart said she would reserve her judgment. She said Labaik’s passport should remain with CAB until she delivered her judgment.
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Armed gardaí at racing over fears of gang threat to horse trainer -
Conor Feehan
April 3 2019 2:30 AM
Armed gardaí were sent to a race meeting in Punchestown to ensure a passport for a horse which had been seized by the Criminal Assets Bureau (CAB) was handed back after the horse was allowed to run, a court has heard.
There were also fears that Grand National winning trainer Gordon Elliott could have come under pressure at the racecourse from a criminal gang over the horse.
The CAB was in the High Court to try to seize the racehorse Labaik, alleging he was bought for €28,000 by convicted Clondalkin drug dealer John Boylan with the proceeds of crime.
Labaik stunned the racing world when it won the Supreme Novice's Hurdle at Cheltenham in 2017.
The CAB was seeking to seize a bank account with winnings of almost €80,000, a mobile home, a house in Rathcoole Co Dublin, and a Mercedes car from Boylan.
Meanwhile, Boylan has made a counter-claim for loss of earnings from the horse after it was subsequently run at Punchestown while its ownership was frozen by CAB and suffered an alleged career-ending injury.
In court yesterday Ms Justice Carmel Stewart heard from CAB head Chief Superintendent Pat Clavin that Labaik's passport had been seized after his Cheltenham win when it had investigated his ownership.
The horse was being trained by Mr Elliott, who has no involvement in crime.
Boylan has a 90pc share in the horse, while Mr Elliott is said to have a 5pc share. Bloodstock agent Aidan O'Ryan, who has no involvement in crime, owns the remaining 5pc.
Chief Supt Clavin said the CAB was satisfied to have the horse's passport in its possession rather than the actual horse, and to leave it in the care of Mr Elliott.
The trainer had conveyed his wish after the passport seizure that the horse be allowed race at Punchestown.
"I could not see any legitimate reason to refuse Mr Elliot to run the horse and I decided I had no reason to do that," said Chief Supt Clavin.
"It was my decision to allow the passport to be at the racecourse at all times under the supervision of members of An Garda Síochána."
He said he might have been criticised and worse, the subject of litigation, had he decided not to allow the passport to be at the track.
"I feared the potential that Mr Elliott would come under pressure from the criminal gang. I had mitigated that risk by having armed members of An Garda Síochána at the racecourse," he told the court.
Conor Feehan
April 3 2019 2:30 AM
Armed gardaí were sent to a race meeting in Punchestown to ensure a passport for a horse which had been seized by the Criminal Assets Bureau (CAB) was handed back after the horse was allowed to run, a court has heard.
There were also fears that Grand National winning trainer Gordon Elliott could have come under pressure at the racecourse from a criminal gang over the horse.
The CAB was in the High Court to try to seize the racehorse Labaik, alleging he was bought for €28,000 by convicted Clondalkin drug dealer John Boylan with the proceeds of crime.
Labaik stunned the racing world when it won the Supreme Novice's Hurdle at Cheltenham in 2017.
The CAB was seeking to seize a bank account with winnings of almost €80,000, a mobile home, a house in Rathcoole Co Dublin, and a Mercedes car from Boylan.
Meanwhile, Boylan has made a counter-claim for loss of earnings from the horse after it was subsequently run at Punchestown while its ownership was frozen by CAB and suffered an alleged career-ending injury.
In court yesterday Ms Justice Carmel Stewart heard from CAB head Chief Superintendent Pat Clavin that Labaik's passport had been seized after his Cheltenham win when it had investigated his ownership.
The horse was being trained by Mr Elliott, who has no involvement in crime.
Boylan has a 90pc share in the horse, while Mr Elliott is said to have a 5pc share. Bloodstock agent Aidan O'Ryan, who has no involvement in crime, owns the remaining 5pc.
Chief Supt Clavin said the CAB was satisfied to have the horse's passport in its possession rather than the actual horse, and to leave it in the care of Mr Elliott.
The trainer had conveyed his wish after the passport seizure that the horse be allowed race at Punchestown.
"I could not see any legitimate reason to refuse Mr Elliot to run the horse and I decided I had no reason to do that," said Chief Supt Clavin.
"It was my decision to allow the passport to be at the racecourse at all times under the supervision of members of An Garda Síochána."
He said he might have been criticised and worse, the subject of litigation, had he decided not to allow the passport to be at the track.
"I feared the potential that Mr Elliott would come under pressure from the criminal gang. I had mitigated that risk by having armed members of An Garda Síochána at the racecourse," he told the court.
More revelations / speculation in today's Daily Mail re. the Gordon Elliot dead horse story ...
"The mystery surrounding a sickening photograph of three-time Grand National-winning trainer Gordon Elliott sat astride a dead horse deepened last night amid claims that a drug cartel leaked the image in a bid to ruin him.
The horse-racing star’s fall from grace took a dramatic turn on Friday night when a judge noted a ‘sinister aspect’ to the case as he handed the trainer a year’s ban from the sport, suspended for the final six months.
‘The Committee are satisfied that the publication of this photograph is part of a concerted attack upon Mr Elliott, the full circumstances of which are unknown,’ said Mr Justice Raymond Groarke, of the Irish Horseracing Regulatory Board (IHRB).
The mystery surrounding a sickening photograph of three-time Grand National-winning trainer Gordon Elliott sat astride a dead horse deepened last night amid claims that a drug cartel leaked the image in a bid to ruin him
Today, The Mail on Sunday can reveal mounting suspicion that the ‘concerted attack’ was orchestrated by a criminal gang seeking to ruin Elliott over a long-running feud.
Sources allege the cartel released the image of Elliott sat on the body of seven-year-old gelding Morgan while chatting on his mobile phone in revenge for his refusal to work with John Boylan, a notorious criminal."
https://www.dailymail.co.uk/textbased/news/text-9334497/Was-sickening-photo-Grand-National-winning-trainer-leaked-feud-gangster.html
"The mystery surrounding a sickening photograph of three-time Grand National-winning trainer Gordon Elliott sat astride a dead horse deepened last night amid claims that a drug cartel leaked the image in a bid to ruin him.
The horse-racing star’s fall from grace took a dramatic turn on Friday night when a judge noted a ‘sinister aspect’ to the case as he handed the trainer a year’s ban from the sport, suspended for the final six months.
‘The Committee are satisfied that the publication of this photograph is part of a concerted attack upon Mr Elliott, the full circumstances of which are unknown,’ said Mr Justice Raymond Groarke, of the Irish Horseracing Regulatory Board (IHRB).
The mystery surrounding a sickening photograph of three-time Grand National-winning trainer Gordon Elliott sat astride a dead horse deepened last night amid claims that a drug cartel leaked the image in a bid to ruin him
Today, The Mail on Sunday can reveal mounting suspicion that the ‘concerted attack’ was orchestrated by a criminal gang seeking to ruin Elliott over a long-running feud.
Sources allege the cartel released the image of Elliott sat on the body of seven-year-old gelding Morgan while chatting on his mobile phone in revenge for his refusal to work with John Boylan, a notorious criminal."
https://www.dailymail.co.uk/textbased/news/text-9334497/Was-sickening-photo-Grand-National-winning-trainer-leaked-feud-gangster.html
Wonder how much pressure he was to state @ Cheltenham preview nights that the horse wouldnt run in the Supreme Novices Hurdle???
Jamie Codd really talked the horse up at a similar preview I think
So Irish racing is riddled with drug cartels, certainly explains a few things for me...thanks for posting
You would think that the Mail on Sunday would indeed have a pretty good idea of the identity of the person(s) who passed on the photo to the Mail on Sunday
I don’t mjk I’m not privy to how drug cartels launder there money...ask Barry mcguigan about boxing
How am I waffling have you read the above? So this is the only person from a drug cartels influencing the sport? It’s like saying the local drug dealer is the only one supplying the kids with the drugs, how naive
Didn't some guy in England involved in drugs get a few years in jail, wasn't he involved in horse's over there or am I to think only Ireland has people selling drugs ...
'Riddled with drug cartels' you say. Pretty big statement to make when you dont know this. However it doesn't surprise me as like another few on here this whole saga seems to be more about the Country that Elliott is from than the incident itself.
Yes famous case Bryan Wright...he riddled racing in Britain for years
Drug cartels get involved in mant things.
People want to move on and just enjoy the sport.
People want to move on and just enjoy the sport.
If people think these type people don’t infiltrate industries when they get in like this case above...I suggest reading about Bryan Wright, another baron who tarnished racing for years
Been reading up about this Boylan character; with his record (67 convictions) it's somewhat surprising he's not in prison.
... To save me trawling on google, was it ever proven the horse was bought with proceeds of crime ? what was the outcome.
Ta.
Ta.
Ninety per cent of Cheltenham-winning horse bought with proceeds of crime – court
John Boylan purchased stake in Labaik for €28,000
Fri, Oct 25, 2019
The High Court has ruled that a man bought 90 per cent of the Cheltenham-winning horse Labaik with the proceeds of crime.
In a case taken by the Criminal Assets Bureau against John Boylan (33) aka John Power, of Forest Hill, Rathcoole, Co Dublin, the court also found that a west Dublin property – refurbished at a cost of €630,000 – a bank account containing €77,900, a mobile home worth €33,000, and a 2015 Mercedes Benz E Class were acquired with the proceeds of crime.
Mr Boylan, who runs an animal feed business and claimed he earned “considerable sums” gambling, denied the allegations. He purchased his stake in the racehorse for €28,000 in April 2016.
However, at the High Court on Friday Ms Justice Carmel Stewart ruled that an examination of Mr Boylan’s finances shows a “substantial shortfall” which left her with the “inescapable conclusion” the items were directly or indirectly the result of the proceeds of crime.
The judge also dismissed plenary proceedings which Mr Boylan took against the Criminal Assets Bureau.
Ms Justice Stewart noted that in an affidavit to the court, Mr Boylan said he set up Forest Hill Animal Feeds Limited in June 2016 and still works for this company, earning €419.56 per week.
She said he also claimed he “earned considerable sums from gambling”.
The court heard he also presented the following as a way of outlining his means: a cheque of €15,840.91 paid to him by Paddy Powers Bookmakers in February 2016; receipt of €25,000 for the sale of two piebald horses in January 2016; sums lodged to his bank account of €13,000 from his mother, €10,000 from his partner and €17,500 from his godmother, which he used to fund the deposit on his family home; and a Volkswagen Golf which he bought for €19,450 in mid-August 2017.
The court heard Mr Boylan’s partner Leonie Kinsella told the court, in an affidavit, that Mr Boylan was the main earner of the household but that she also earned money from hairdressing. She said she set up a hairdressing business in May 2016.
However, in her written judgment, Ms Justice Stewart found: “There remains a substantial shortfall which leads this court to the inescapable conclusion that the assets the subject of these proceedings were acquired, in whole or in part, with or in connection with property that, directly or indirectly, constitutes the proceeds of crime and further that the property constitutes directly or indirectly the proceeds of crime.”
John Boylan purchased stake in Labaik for €28,000
Fri, Oct 25, 2019
The High Court has ruled that a man bought 90 per cent of the Cheltenham-winning horse Labaik with the proceeds of crime.
In a case taken by the Criminal Assets Bureau against John Boylan (33) aka John Power, of Forest Hill, Rathcoole, Co Dublin, the court also found that a west Dublin property – refurbished at a cost of €630,000 – a bank account containing €77,900, a mobile home worth €33,000, and a 2015 Mercedes Benz E Class were acquired with the proceeds of crime.
Mr Boylan, who runs an animal feed business and claimed he earned “considerable sums” gambling, denied the allegations. He purchased his stake in the racehorse for €28,000 in April 2016.
However, at the High Court on Friday Ms Justice Carmel Stewart ruled that an examination of Mr Boylan’s finances shows a “substantial shortfall” which left her with the “inescapable conclusion” the items were directly or indirectly the result of the proceeds of crime.
The judge also dismissed plenary proceedings which Mr Boylan took against the Criminal Assets Bureau.
Ms Justice Stewart noted that in an affidavit to the court, Mr Boylan said he set up Forest Hill Animal Feeds Limited in June 2016 and still works for this company, earning €419.56 per week.
She said he also claimed he “earned considerable sums from gambling”.
The court heard he also presented the following as a way of outlining his means: a cheque of €15,840.91 paid to him by Paddy Powers Bookmakers in February 2016; receipt of €25,000 for the sale of two piebald horses in January 2016; sums lodged to his bank account of €13,000 from his mother, €10,000 from his partner and €17,500 from his godmother, which he used to fund the deposit on his family home; and a Volkswagen Golf which he bought for €19,450 in mid-August 2017.
The court heard Mr Boylan’s partner Leonie Kinsella told the court, in an affidavit, that Mr Boylan was the main earner of the household but that she also earned money from hairdressing. She said she set up a hairdressing business in May 2016.
However, in her written judgment, Ms Justice Stewart found: “There remains a substantial shortfall which leads this court to the inescapable conclusion that the assets the subject of these proceedings were acquired, in whole or in part, with or in connection with property that, directly or indirectly, constitutes the proceeds of crime and further that the property constitutes directly or indirectly the proceeds of crime.”
I assume Gordon buys his horse feed and bedding from Forest Hills Animal Feeds Limited.
His illegal gambling losses (the profits mentioned in court) are invoiced via this company.
The picture was insurance in case he did not pay his debts to them.
It is amazing how a thorough enquiry was not undertaken to obtain and judge on all the potential facts.
This case is rotten like the Godolphin hatchet job brush it under the carpet and pretend justice has been done.
Horse racing really needs to work on it's public image to the "I have not got a positive negative opinion" segment of the population. |If not is has no long term future.
As someone who has enjoyed horse racing from before I was 3 that is very sad thought.
His illegal gambling losses (the profits mentioned in court) are invoiced via this company.
The picture was insurance in case he did not pay his debts to them.
It is amazing how a thorough enquiry was not undertaken to obtain and judge on all the potential facts.
This case is rotten like the Godolphin hatchet job brush it under the carpet and pretend justice has been done.
Horse racing really needs to work on it's public image to the "I have not got a positive negative opinion" segment of the population. |If not is has no long term future.
As someone who has enjoyed horse racing from before I was 3 that is very sad thought.
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