A man who was in a 14-year relationship with an international showjumper denies he lacked authority to take six horses from an equestrian centre in Co Wexford owned by her, the High Court was told.
On Wednesday, Rafael Sanctuary provided undertakings as part of terms agreed between the sides to facilitate progression of legal proceedings initiated against him by Michelle Kenny. Both sides will also engage in mediation, Mr Justice Rory Mulcahy heard.
The terms, outlined by barrister Keith Farry, for Ms Kenny, include agreed arrangements for the collection and inspection of five horses, to be held in independent care pending the outcome of the dispute.
A sixth horse, Mika, will be taken into Ms Kenny’s exclusive care and she will facilitate inspection of him in an independent yard.
Other terms include agreement by Mr Sanctuary concerning access by Ms Kenny to her company’s financial accounts, email account and social media accounts.
Both Ms Kenny and Mr Sanctuary have undertaken “not to mutually disparage each other”, Mr Farry said. His client welcomed that Mr Sanctuary has engaged counsel and, while she is “still deeply upset and annoyed”, she is eager to resolve matters as soon as possible, he said.
Senior counsel Aillil O’Reilly, for Mr Sanctuary, said his client denies the allegations against him, especially that he lacked authority to take the bloodstock from the centre.
Mr O’Reilly said he is also instructed by Sam Stathis, a US-based entrepreneur, who intends to take proceedings against Ms Kenny to recover possession of Mika.
Adjourning Ms Kenny’s case, Mr Justice Mulcahy noted both sides are reserving their positions.
Ms Kenny and Mr Sanctuary were in court when the terms were outlined on Wednesday. She is an international eventing and showjumping rider and sole shareholder of River Lodge Eventing Limited. Mr Sanctuary is a director and former secretary of the company.
Ms Kenny, of River Lodge Equestrian Centre, Harpoonstown, Co Wexford, had on Monday secured a temporary injunction, on an ex parte basis, preventing Mr Sanctuary transporting or selling six horses.
The horses, with a combined value of about €400,000, are Sligo Balou Lady, Mustang, RLE Seychelles Candy Girl, Naspahir, Pablo Quintero and Mika, the most valuable.
In her affidavit seeking the interim orders, Ms Kenny said she is a highly recognised and prized show jumper and competitor who represented Ireland in international competitions. Her company has produced horses for the Young Horses world championships and sold horses to some high-profile international riders.
Mr Sanctuary, with whom she was in a romantic relationship from 2009 to 2023, was appointed one of three directors of her company in June 2017. Ms Kenny and her father, John Kenny, are the other two directors.
Mr Sanctuary was an employee of the company but is currently suspended with full pay, she said.
She believed the six horses are in Fairtown, Cavan and was concerned there was “a serious and material” risk they will be taken out of the jurisdiction.
Due to injury suffered by her, Mr Sanctuary was in full operational control of the company as of early 2024. That was to assist her rather than a step to give him control, she said.
Under her stewardship, the company had limited debt, estimated between €150,000-€175,000 and, in her view was “a good business with a good reputation”. Mr Sanctuary has a director’s loan estimated at between €60,000 and €80,000, the company owns eight horses, valued between €350,000 to €500,000 and its other assets included three trucks, two trailers and social media accounts.
During her relationship with Mr Sanctuary, they personally bought 10 acres of land across the road from the company for €220,000, she said.
Their business relationship broke down last month and she decided to sell the business as “a fresh start”. Having been informed by an accountant of the sale discussions and working changes in the company. Mr Sanctuary made threats he would remove company assets and “sabotage” the company, she said.
A mediation process was established, she said. The “general thrust” of that process was that five horses would be used as consideration in the settlement but there was no agreement to take the horses until the matter settled.
On the night of August 19th, staff were on the company site to remove other horses when Mr Sanctuary arrived at 9pm, she said. He was told he had no permission to take the horses but he took five horses when he was leaving, as well as a truck and trailer.
She had appointed an external person to investigate Mr Sanctuary’s actions, including ones that may involve breach of a director’s duties, she said. He had not engaged in the investigation process.
On August 28th, Mr Sanctuary again attended the company premises with two or three unidentified men and removed jumps, poles and another trailer valued at about €160,000. While he was on site, it was discovered the horse Mika had gone missing and she reported that to gardaí.
On September 2nd, she got access to the company’s invoice system and, to her shock, discovered 93 per cent of invoices were marked “unpaid” and identical horses appeared on “numerous” invoices, she said. Unless the injunctions were granted, she was concerned the underlying business of the company was “in peril”.