Filed on behalf of the Claimant / Applicant First Affidavit of N Truesdale Sworn before: Edward Gardiner Affidavit No. 1 Date Sworn: 1 August 2023 Exhibits: NT2 NT3
transparency, the Applicant has made a concurrent application to name the Respondent in proceedings.
The Respondent's breach of the Order
55.
Paragraph 2 of the Order states amongst other things that on Derby Day on 3 June 2023 the Defendants must not:
55.1
"(1) Enter the Race Track, except at authorised Crossing Points; or
(6) Intentionally obstruct the Horse Races.
55.2
During the 2023 Derby, the Respondent entered the Race Track at a place that was not at an authorised Crossing Point. This is clearly evidenced by the photographic, video, and press evidence referenced above. Indeed, the Respondent has accepted that he entered the Race Track by entering a guilty plea to the offence of public nuisance. As such, the Respondent breached paragraph 2, sub-paragraph (1) of the Order. Further, by entering the Race Track around the time of the 2023 Derby, it is clear that there was an intention by the Respondent to obstruct the Horse Races (the definition of which includes the 2023 Derby) and therefore he has also breached paragraph 2, sub-paragraph (6) of the Order. There is no other explanation for the actions of the Respondent. Indeed, the stated intention of Animal Rising around the Derby Festival was to disrupt (see paragraphs 10-12 of my first witness statement (IA pages 32-33)) and the Respondent confirmed that disruptive action would be taken in the BBC Surrey radio interview as noted above. The geography of the Race Track means that it is not always possible to see the horses from all places (see pages 5-7 of my witness statement at IA pages 34-36). This works two ways in that the jockeys cannot see if anyone is on the Race Track at all points. This makes the actions of the Respondent particularly dangerous. Around 110 years ago Emily Davison died when she entered the Race Track at Tattenham Corner, which is a blind corner, (see page 7 of my witness statement at IA page 36). It took the actions of at least 3 police officers and 3 stewards to remove the Respondent from the Race Track. If any of them had suffered an injury or if they had not been able to apprehend the Respondent promptly, then there was a real chance that people would have been on the course as the horses approached them. This could have led to loss of life. 686 14 147
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