He's lodged a counter claim for loss of earnings!
https://www.thesun.ie/news/3936449/john-boylan-labaik-gordon-elliott-criminal-assets-bureau-high-court/CAB TRIAL Top trainer Gordon Elliott is part owner of racehorse seized by Criminal Assets Bureau, High Court hearsElliott, who has no involvement in crime, owns five per cent of Labaik, who shocked the racing world when he won the Supreme Novice’s Hurdle at Cheltenham in 2017EXCLUSIVE
By Michael Doyle
2nd April 2019
GRAND National-winning trainer Gordon Elliott is part owner of a racehorse which has been seized by the Criminal Assets Bureau, the High Court heard yesterday.
Elliott, who has no involvement in crime, owns five per cent of Labaik, who shocked the racing world when he won the Supreme Novice’s Hurdle at Cheltenham in 2017.
He had been 50/1 the day before the race but went off a 25/1 outsider, following a series of bets on the morning of the traditional Festival curtain-raiser two years ago.
But 90 per cent of the horse is owned by convicted drug dealer John Boylan, according to the CAB proceedings against him.
The Bureau is trying to seize the racehorse, which was purchased for €28,000 in April, 2016, along with an associated bank account containing winnings of €77,900, a mobile home worth €33,000, a heavily refurbished property in Rathcoole, west Dublin, and a 2015 E-Class Mercedes which was bought for €28,000.
Boylan, 34, originally from Clondalkin, Dublin, has taken a counter-claim for loss of earnings from the racehorse after it subsequently ran at Punchestown while frozen by CAB and suffered a career-ending injury.
In Detective Garda Lisa McHugh’s affidavit, read to the court by counsel for CAB, the court was told that Boylan had 67 previous convictions, including two drugs offences.
He was described as being heavily involved in the sale of controlled drugs in the Ronanstown area of Clondalkin.
He had only previously worked as a carpenter or laying floors before setting up an equine business called Forrest Hills Animal Feed.
His girlfriend Naomi Kinsella, who he has a two-year-old son with, has worked part-time as a hairdresser and CAB believed the couple didn’t have a legitimate income which was in line with their lifestyle.
Elliott, who trained Don Cossack to win the 2016 Gold Cup and Tiger Roll to win last year’s Grand National, swore two affidavits which were read to the court.
THEY HAD A GENTLEMAN'S AGREEMENT IN PLACEHe said he purchased Labaik with bloodstock agent Aidan O’Ryan in Doncaster in April 2016.
They intended to find an owner for the horse and, while they were at the sale, O’Ryan spoke to a man named Anthony O’Sullivan on the phone who wanted to buy the animal. After they brought the horse back to his Co Meath yard, it displayed promising signs.
They decided to keep ten per cent of the horse, evenly split between the two men.
According to Elliott, O’Ryan paid their share because they had a gentleman’s agreement in place when buying horses.
The rest of the total, £23,850, was paid via a bank transfer by Boylan, who the court heard was also known as John Power.
Training and upkeep fees, which were €40 per day, were also paid by the same person.
Det Garda McHugh, during cross examination by counsel for Boylan, said they started looking into the background of the horse after he won at Cheltenham.
They learned that O’Sullivan was the registered owner. When they searched Boylan’s house in April 2017, he said he was the principal owner, having a 90 per cent share.
However, Det Garda McHugh described it as “suspicious” that there was no paperwork linking Boylan to the horse.
Boylan claimed to them that he had accumulated vast sums of winnings from online gambling with Paddy Power, although statements couldn’t back up his lifestyle, which included €629,000 in refurbishments on his €200,000 house in Forrest Hills, Rathcoole.
THE SECOND TIME HE SUFFERED A SERIOUS INJURY AND HASN'T RACED SINCEDet Garda McHugh said O’Sullivan was planning to sell Labaik in Aintree on April 6, 2017 and had hoped to get between €300,000 and €400,000.
Realistically he might have got about €150,000, the Court heard, but they had planned a sale party in Finches pub in Clondalkin.
CAB seized the horse’s passport from Elliott, which is needed to sell him and to race, on April 1.
On April 21, the trainer asked for it back because they planned to run him at Punchestown the following week.
Det Garda McHugh said she travelled to the Co Kildare festival with colleagues on April 25 to give the passport to Elliott with the intention of having it returned.
The horse raced twice that week, on April 25 and 27, and the second time he suffered a serious injury and hasn’t raced since.
The court heard the horse now had little or no value.
Asked by counsel for Boylan why they allowed an asset they had seized race knowing there was a risk to its value if it got injured, Det Garda McHugh said: “It’s a racehorse. We were letting it race, isn’t that what it’s supposed to do?”
The officer said earlier that she attempted to build up a profile of Boylan following Labaik’s Cheltenham win and learned that he was heavily involved in the sale and supply of drugs.
