Filed on behalf of the Claimant / Applicant First Affidavit of N Truesdale Sworn before: Edward Gardiner Affidavit No. 1 Date Sworn: 1August 2023 Exhibits: NT2 NT3 Affidavit No. 1
42. 42.
On 2 June 2023 the Respondent was interviewed on BBC Radio Surrey. He was asked "There is an injunction to prevent a repeat of what happened at the Grand National. So are your plans still going to go ahead?'. The Respondent replied "Yes, so after the Grand, yes, so after the Grand National, people left crying and the whole country was shocked and really they lost the argument and now they've brought out some private laws, which are quite concerning, the use of injunctions, but yes the protest will still be going ahead, yes." He also added, "some people will be, putting their bodies, getting on the tracks and disrupting the race and y'know maybe delaying it for a bit..." and when asked whether the action would be happening during or in between races, he said "no-one's going to be running in front of horses who are running no." The transcript is enclosed at pages 164-165 of NT2. Immediately prior to the start of the 2023 Derby, I was standing on a balcony of a top floor box on the Queen Elizabeth II Stand. I could see the start of the race clearly from there by looking across the course to the start and I was using binoculars to do so. I observed the horses start the race and cover the first few yards. I would not be able to say how far they were into the race exactly, when my attention was taken by a movement that I saw out of the corner of my eye on the home straight just below the Queen Elizabeth II stand, but slightly to my left around the half furlong to go (i.e., 100m from the finish) marker sign. A male ran onto the track, into the middle and was swiftly apprehended by police and stewards. I observed his passage onto the Race Track, into the middle and he started to run down the hill towards the finish but his progress was soon curtailed. He was swiftly removed from the track and carried back into the area behind the rails, from where he had come. 100m from the finish) marker sign. A male ran onto the track, into the middle and was I refer the court to Recording 2 in NT3, a side-by-side video showing the start of the 2023 Derby on the left-hand side, with video of the final straight on the right-hand side. As the video shows, at around 13:32:23:119 the gates are opened, and the horses begin their race. At around 13:32:25:02 the Respondent can be seen on the right-hand screen entering the Race Track. At approximately 13:32:38:18 the Respondent is apprehended by police and security staff in the middle of the Race Track. At this point, the horses are around the 11 furlong marker, which is 1 furlong (approximately 200 metres) into the race. The Respondent is finally removed from the Race Track at approximately 13:32:49:08, some 26 seconds or so after the 2023 Derby had begun. At this point, the horses have reached the top of the Hill, which is approximately 1000 metres from the start and 1400 metres from the finish line. asked “ There is an injunction to prevent a repeat of what happened at the Grand National. So are your plans still going to go ahead? ”. The Respondent replied “ Yes, country was shocked and really they lost the argument and now they’ve brought out protest will still be going ahead, yes. ” He also added, “ some people will be, putting their bodies, getting on the tracks and disrupting the race and y’know maybe delaying it for a bit… ” and when asked whether the action would be happening during or in between races, he said “ no-one’s going to be running in front of horses who are running no. ” The transcript is enclosed at pages 164-165 of NT2.
43.
44. 44.
13
10
Made with FlippingBook interactive PDF creator