Thousands of baby birds have secured a pre-Christmas reprieve from being culled after a High Court judge granted a temporary High Court order lifting the suspensions imposed on members of a Dublin Pigeon racing club by its governing body.
The court granted the interim injunction to four members and officers of the Cabra Racing Pigeon Club who claim they were wrongfully suspended by the Irish Homing Union Southern Region in October.
The plaintiffs said they were suspended after they started asking questions about club affairs to former members of its committee.
The questions related to discussions held, and any arrangements made between the clubs former committee members with a property developer over the sale of the club's leasehold interest in its clubhouse at Bannow Road in Dublin 7 in exchange for a new clubhouse and a six figure sum.
The four members of the Cabra club, Daniel Boylan, David Boylan, John Aylmer and Robert Timmons have sued the governing body the IHUSR after they were suspended from all activities related to pigeon racing.
They have also sued two of its senior executives: Henry Byrne, who is the IHUSR's chairperson and Alan Meehan, who is the organisation's secretary.
Represented by Martin Byrne Bl, instructed by JN solicitors, the four claim that they would not be able to register or place rings with ID numbers on new chicks, due to hatch in the coming weeks, for racing in the coming season.
If the chicks could not be registered within a narrow window they would have to be culled, the court heard. At present the four claim that they were not being provided with the rings by the governing body.
The matter came before Mr Justice Mark Sanfey on Wednesday.
Temporary injunction
The judge noting the urgency of the matter regarding the potential culling of the chicks, said he was prepared to grant the plaintiffs a temporary injunction lifting the four men's suspension and allowing them to participate in various pigeon racing activities.
The order was granted on an ex-parte basis.
The judge said that given that all the parties involved are known to each other and would have to deal together in the world of pigeon racing expressed his hope that the dispute could be resolved through a mediation.
Seeking the orders Mr Byrne said that following Mr Daniel Boylan's election late last year as chairman of the Cabra Club he and the other newly elected committee members sought club documents and other related materials from the outgoing committee members.
There was a failure to provide these materials. counsel said. adding that his clients asked but were not given any information about the issues raised regarding discussions involving the developer.
As a result of not replying to legitimate requests, the club decided to suspend the former committee members in question until they agreed to comply with the request to provide the information sought.
Mr Byrne said that it is his client's case the defendants then became involved in matters.
Committee members
It is alleged that the defendants started to advise the former committee members how to get rid of the plaintiffs from the club's executive.
A no-confidence motion was brought against his clients by other members of the club, and the defendants ultimately took a decision to suspend the four plaintiffs.
Counsel said that it appears that action was taken by the defendants because his clients were "asking too many questions."
The suspensions counsel said are entirely contrived, are wrongful and are in breach of the governing bodies' own rules.
They attempted to appeal their suspensions, but said that hearing was abandoned after a person helping them with the process was assaulted.
The suspension has far-reaching consequences for the four plaintiffs, as they cannot buy or transfer birds, are barred from breeding their birds nor can they assign any new ring numbers, counsel added.
The breeding season commences in late November, and chicks generally hatch around Christmas.
Under the rules of pigeon racing ring numbers must be assigned on each bird's foot within seven days of it being born.
The four plaintiffs fear that arising out of their suspensions they would not be able to ring the new birds, and would therefore their entire new bloodstock would have to be culled.
Counsel said that between all four of his clients it was feared that they may have to cull thousands of new chicks, resulting in irreputable loss to the four plaintiffs.
The matter will return before the High Court in the New Year.
