IHRB security officer Chris Gordon's defamation case against the IRTA adjourned

The ongoing defamation case that the Irish Horseracing Regulatory Board’s chief security officer Chris Gordon launched against the Irish Racehorse Trainers Association remains unresolved after it was adjourned until November at the High Court on Wednesday due to a legal argument that has arisen.

That issue revolves around how the IRTA is trading, which could have a significant bearing on the potential damages awarded to Gordon should they lose the case.

If it is accepted that the IRTA, whose defence team includes Senior Counsel Michael McDowell – the former Tanaiste and justice minister and a sitting senator – and Jim Rogers SC, trades as an unlimited company, Gordon would be entitled to a smaller sum should he be successful.

Michael Grassick: “If they were doing it properly and had skilled horse people doing the job, we would have no problem whatsoever with scanning before a race. In fact, we'd welcome it.'Credit: Patrick McCann (racingpost.com/photos)

With costs estimated to already be well into six figures, Gordon and his legal team, which is headed by Jim O’Callaghan SC, will argue that the IRTA trades as a company limited by guarantee, meaning that he would be eligible for increased damages.

The case, which began on Tuesday morning, was heard by Mr Justice Bernard Barton, who was critical of both parties for not spotting the legal error before proceedings began in court.

Any background to the defamation case, which has run for five years now, remains unclear and no evidence was heard due to the hold-up over the legal mistake.

The judge was left with no option but to discharge the jury, which was reduced to 11 jurors after a woman failed to return to the court on Tuesday after going for lunch.

In discharging the jury, the judge issued a warrant for the woman’s arrest given she offered no explanation for her no-show on Tuesday afternoon and again failed to show up on Wednesday.

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