Ebeneezer and Courageux are sent to Noseda; Court rules against Flood in ownership battle.
MARK SERRELL, the owner locked in dispute with former trainer David Flood over the ownership of Jonny Ebeneezer and Coeur Courageux, yesterday revealed the horses were now with Jeremy Noseda following successful legal action.
Flood removed the prolific winner Jonny Ebeneezer - who races in the colours of Serrell's wife Ruth - and the highly regarded miler Coeur Courageux from his former base at Uplands stables in Lambourn on August 1, after his business, Cheryl Flood Racing Ltd, was placed in liquidation.
At the time, Flood claimed ownership of Jonny Ebeneezer, saying the six-year-old was given to him by the Serrells, and moved both him and the three-year-old Coeur Courageux to an undisclosed location.
The Serrells, who leased Uplands on Flood's behalf, then instructed solicitors Edmondson Hall to commence legal proceedings on their behalf and, having been successful in their injunction granted by Cambridge County Court, have collected both horses and transported them to Noseda's Shalfleet yard in Newmarket.
Serrell said yesterday: ``Ruth and I are glad to put this matter behind us and are only sorry that we had to instruct our solicitors to recover the horses from David.
``We would like to thank our solicitor, who has been strongly supportive of our position throughout.
``The last fortnight has been extremely difficult. We hope that we can now put matters behind us and start enjoying racing again.''
With the litigation at an end, and Flood accepting that he has no interest in either horse, the Serrells decided not to pursue him for their legal fees, although Mark Serrell has made a witness statement to the Jockey Club security department over the withdrawal of the Flood-trained and Serrell-owned Mossman Gorge at Newmarket on July 24, after he was deemed to have been given an intravenous injection while in the racecourse stables.
Reacting to the court ruling, Flood said: ``I don't want to get consumed in all this as I have to think about my career and my family.
``Jonny Ebeneezer will always be a friend to me. Mark and Ruth Serrell told me I could have the horse and, when the court said I couldn't, I accepted that and didn't dispute it.''
With the saga appearing to have reached a conclusion, Flood is looking to the future.
He added: ``I'm leasing the barns and the gallops at Badgerstown where Stan Mellor used to be. I've got six horses and I hope to get a licence within the next few days. It's a new start for me.''
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|Publication:||The Racing Post (London, England)|
|Date:||Aug 13, 2005|
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