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Fallon Case Collapses

 

In a not wholly unexpected development, the race fixing trial at the Old Bailey has ground to a halt with the judge declaring there is no case to answer.

Five defendants, including former champion jockey Kieran Fallon, faced charges in relation to defrauding customers of the betting exchange Betfair. The other accused jockeys were Fergal Lynch and Darren Williams. Also accused were Fergal Lynch’s brother Shaun,  along with Philip Sherkle and  Miles Rogers.

Rogers, described by the prosecution as the ringleader, was also acquitted of concealing the proceeds of crime.

In a statement following the verdict the British Horseracing Authority (BHA) have stated that Fallon is now free to ride in Great Britain, whist Lynch and Williams are free to re-apply for their jockey’s licences.   

The BHA have said they will review the evidence presented in court to see if there have been any breaches of the rules of racing.

The judge said the "fatal flaw" in the £6million case was that no one was able to prove the jockeys had interfered with horses.

Australian racing steward Ray Murrihy, called as an expert witness, admitted he was not an expert on British horseracing.

He said he was not familiar with the rules in the UK, was only giving his opinion on the riding and could not say what the outcome of a stewards' inquiry would have been.

The Judge, Mr Justice Forbes, said Mr Murrihy's short-comings and limitations in being able to give evidence had not surfaced until he was cross-examined by defence barristers.

He said that Mr Murrihy in his witness statement had been critical of the riding in 13 of the races and there was a prima facie case against the jockeys.

The judge stated, however, "Remarkably, it was only in cross-examination that the very significant limitations and shortcomings in the evidence he was able to give became clear."

Mr Murrihy said in court, "I have not said I was an expert in respect of UK races."

The judge said, "This is an extraordinary admission given that he was purporting to give evidence about 27 races run in the UK according to UK racing rules.

"….. that was tantamount to Mr Murrihy disqualifying himself in giving evidence in relation to the suspect races.

"In my opinion it is now clear that Mr Murrihy's evidence was subject to a number of significant limitations and shortcomings which were not evident from his witness statements and his evidence in chief.

"It is abundantly clear that his evidence fell far, far short of establishing a prima facie breach of UK racing rules.

"I have reached the conclusion that even if it was appropriate to admit Mr Murrihy's expert opinion, its probative value is so limited that very little value can be attached to it."

The judge said there was insufficient evidence on which a jury could conclude that the jockeys, and therefore all the defendants, were guilty.

Another killer statistic was that Fallon actually had a higher win-rate in the races he was allegedly meant to throw.

it emerged during the case that the main detective in the case had been offered a job with the BHA's investigation unit, calling into doubt his objectivity.

The court was told that in only one of the races in question Fallon had been subjected to a stewards' inquiry. This was his ride on Ballinger Ridge at Lingfield in March 2004.

Fallon committed an error of judgment in easing down on the horse while he had a "huge lead". He ended up losing by a short head to Rye.

Speaking after his acquittal Fallon said, "I am, of course, relieved and delighted, but also outraged. There was never any evidence against me."

 

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