Trainers' Legal Challenge Over Papal Visit
Sydney Morning Herald
Thursday July 5, 2007
RANDWICK trainers are set to take legal action in a bid to stop Pope Benedict XVI from holding a papal Mass at racing headquarters next year. The attempt to prevent the Pope's World Youth Day celebrations from going ahead has the support of the NSW Racehorse Trainers' Association and Aushorse, which is made up of the country's most powerful thoroughbred studs.
Trainers based at Randwick held a meeting yesterday morning which was addressed by Tony Fleighter from Macquarie Legal Practice. The trainers' representative on the Racing NSW board, the state regulator Phillip Esplin, was in attendance, while newly elected Australian Jockey Club chairman Ross Smyth-Kirk was informed of the unanimous vote to explore all legal action."It has been suggested to us the AJC chairman would be acting outside his charter to sign a document that would host another enterprise to the exclusion of racing and training at Randwick," Randwick Trainers' Association president Anthony Cummings told the Herald last night."We have asked for a further legal examination of that and we will see if it is accurate and/or accountable. All the trainers at Randwick are disappointed in the way this has gone ahead. We are disappointed in the State Government and Catholic Church's knowledge of the process of racing and training at Randwick."How are we going to explain how it works when they plainly don't understand how it works?"It emerged last week that Randwick racecourse will be shut down for upwards of 10 weeks to set up Pope Benedict's visit , with the tracks, 650-odd horses and around 25 trainers forced to evacuate the complex.A "heads of agreement" between the AJC and the World Youth Day Co-ordinating Authority, with the support of the NSW Government, was due to be signed last week. Randwick trainers, along with third parties made up of farriers, feed merchants, veterinarians and others, subsequently raised concerns their businesses could be ruined due to a lack of compensation."All parties at Randwick are disappointed in the way this has been handled," Cummings said. "Generally speaking, there might be compensation, but they are unaware of the fact compensation is unlikely to be what is required."Cummings wasn't about to name a compensation figure, with reports predicting between $12 million and $50 million during the past couple of days. The WYDCA has described those involved as "opportunists"."Rather than be seen as opportunistic and a grab for money, we'd rather see them take it somewhere else and let someone else take advantage of that opportunity," Cummings said.Cummings believed it was "pretty rude" to suggest trainers and "third parties" were seeking upwards of $50 million, as "that is plainly misleading", while adding no one "should be going down that path"."The fact is, when it was first mentioned, we were told we might not be able to use the training tracks at Randwick for three days," Cummings said. "Now it is 10 weeks ... it wasn't until 10 days ago we knew that we would be off the track for 10 weeks, so to come along and say we are opportunists is at best rude."Smyth-Kirk said he was aware trainers had sought legal advice. "I just hope reason prevails," he said. "There has been a whole lot of things being said and at the the moment, it's a little counter-productive. It's a complicated process, but at all times the AJC has had the participants' interests at the top of discussions."I had a meeting with the Premier's office today. It was a meeting with the Deputy Premier, John Watkins, and John Della Bosca and it was quite a productive meeting."We covered everything. The thing is going to go ahead, and it is going to go ahead at Randwick. The Government has enough power to make sure that happens."The Government were showing they understood the situation and were working on making sure everyone concerned is given the compensation they are entitled to. Whether that is enough for the more militant persons involved remains to be seen."NSW Racehorse Owners' Association president Stephen van Eyk said "the lack of consultation with the horse industry by the NSW Government so far has been disappointing".
© 2007 Sydney Morning Herald