Jockey Club granted injunction to prevent 'dangerous and reckless' Derby protests - but Animal Rising double down on threats
The Jockey Club was on Friday granted a High Court injunction against protesters attempting to disrupt the Betfred Derby, only for the head of the Animal Rising protest group to state it was even more determined to cause a disturbance at Epsom next Saturday.
The organisation, which owns Epsom, made its application on Monday against the backdrop of Aintree's Grand National being delayed last month when members of Animal Rising gained access to the track. It was fearful another of its flagship events would be disrupted in the same way.
Since then, Animal Rising has publicly voiced its determination to mobilise 1,000 people and interrupt proceedings at Epsom when the Derby takes place.
Animal Rising's Dan Kidby, who had this month met representatives from the Jockey Club, was among those in attendance at the Rolls Building yesterday, a venue In London used by the High Court of Justice.
The Jockey Club's application for an injunction detailed an expected additional cost of £150,000 for extra security and its chief executive Nevin Truesdale said: “Our number one priority will always be to ensure the safety of all our equine and human participants and racegoers, officials and our own employees is not compromised.
“We will never tolerate a repeat of the illegal disruption we saw on Grand National Day and we welcome today’s High Court ruling, which provides us with an additional layer of security to combat the threat of such dangerous and reckless behaviour."
Truesdale said Animal Rising had been offered an area near the entrance of Epsom racecourse to express their views in a law-abiding way. He added: "However, anyone who attempts to disrupt the race or compromise the safety of horses or humans will be dealt with robustly by our security teams and the police.
"As such I now urge Animal Rising to abandon any plans to breach security at the Derby festival and respect the legitimate right of the thousands of people who will join us at Epsom Downs and the millions watching at home and around the world to enjoy the sport they love uninterrupted.”
Yesterday's hearing, overseen by judge Sir Anthony Mann, started just after 10.30am with Truesdale sat to the left of communications colleague Barry Rabbetts, with Epsom's operations head Simon Durrant on the other side of him in the back row behind their law teams.
Two other members of Animal Rising were in attendance with Kidby, who was invited to take part in the hearing and had legal assistance on hand via the court, but declined as he feared extra costs and referenced the Jockey Club's "very deep pockets".
Blackstone Chambers' Alan Maclean KC, arguing for the Jockey Club, was asked by Mann for a thorough explanation of the application. The judge queried which parts of the land at Epsom were leasehold and which were freehold, and the court heard how bylaws backed up the injunction, as well as the fact horses canter down the entire course to the Derby start.
"There's no proper reason why anyone should be on the track," Maclean said, adding the Surrey circuit was a "peculiar area" with topography ranging to the height of Nelson's Column from highest to lowest points.
Mann was also keen to learn where and when members of the public could freely roam Epsom, which drew firm demonstrative nods from Durrant. By 11.20am the unique twists and turns of Epsom and the case began to make "some sense" to Mann, who was told of clear evidence of protest plans, which featured in a national newspaper recently.
Maclean pointed out that Epsom vet Simon Knapp had warned in evidence about the dangers of interrupting a Classic contest full of three-year-old colts, who were likened to "testosterone-fuelled teenagers".
Any delay to the Derby, it was added, would put the welfare of jockeys and horses at risk.
It was an "open-and-shut case", said Maclean.
As well as publications online on the Jockey Club and Epsom website, he outlined notices would be put at every point to the famous track and on crossing points, while communication would take place with Animal Rising.
Describing the case as a "little bit complex" Mann paused to consider his decision at around 12.20pm. The hearing resumed at 2.15pm and the injunction was granted at around 3.20pm. Kidby, 31, from Stroud, engaged in a lengthy chat with Truesdale after the hearing but did not confirm whether he will be at Epsom.
He said: "My reaction to today is that Animal Rising remains committed to standing up for horses. We understood coming in here that injunctive relief would be sought and, in my view, injunctions are ways for big companies to buy laws.
"We believed it [the injunction being granted] would happen, but it does not change Animal Rising's intentions – we've the same plan. Whether that means going to prison or incurring large financial costs, what we're doing is trying to do what's best for animals."
He added: "We're non-violent and as part of that commitment we will not be going on the track when there is any danger to ourselves or the horses. It will be in between the races."
Read this next:
'It was like a war zone' - the inside story of the Aintree protest and how it was foiled
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Published on 26 May 2023inDerby festival
Last updated 13:46, 27 May 2023
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