Doubts raised over police surveillance of Fallon
Officers keeping a watch on key players missed Fallon getting into a car from Leicester racecourse driven by syndicate boss Miles Rodgers in May 2004, the Old Bailey was told.
It is alleged that Fallon and Rodgers, along with four other defendants, conspired between December 2002 and September 2004 to defraud Betfair customers and other punters.
PC Mark Lowe, of City of London Police, was part ofa surveillance operation focussed on Rodgers and his movements around Leicester racecourse and airport in May 2004.
He told the jury he saw two white men leave the racecourse and get into Rodgers’ silver Mercedes. One was about 5ft 6ins while the other was 6ft.
Pc Lowe claimed co-defendant Shaun Lynch got into the car, with Rodgers at the wheel, and was followed several minutes later by two other unnamed men. They then drove to the airport.
However, Christopher Sallon QC, for Shaun Lynch, claimed the officer was mistaken.
He had actually seen two short men. They were jockeys Seb Sanders and Darryll Holland, who are both about 5ft 3ins, Mr Sallon told the court.
Mr Sallon also suggested the two riders were joined by Fallon and that there were five men in the car, rather than four as recorded by the police.
He said: “I’m going to suggest that you are just wrong about it and you have missed a crucial piece of observation and that Kieren Fallon was one of the men in the car and all of the men got into the car at the same time.”
Pc Lowe replied: “What I saw is in my statement.”
Mr Sallon suggested: “Mr Rodgers was driving, Shaun Lynch was sitting the front passenger seat, Mr Sanders was sitting behind the driver Mr Rodgers, Darryll Holland was in the middle and Kieren Fallon was sitting behind the passenger seat.”
John Kelsey-Fry QC, representing Fallon, also challenged the surveillance evidence on the same night.
According to the police log when Shaun Lynch called Rodgers on his mobile phone at 8.49pm that night, he was already in the Mercedes with Rodgers.
He argued that it was a “matter of common sense” that Shaun Lynch got into the car after 8.49pm otherwise Rodgers would have been sitting next to him when Lynch called.
The jury also heard from British Horseracing Authority vet Howard Robinson, who had been on duty at Lingfield on March 2, 2004, when Fallon lost a race aboard Ballinger Ridge.
Fallon had appeared to stop riding the horse when around 10 lengths clear in the home straight and was caught on the line by Rye, allegedly netting the conspiracy in the region of £60,000 (€86,000).
Mr Robinson said: “There is nothing at all to explain its running. I examined its heart and lungs, did a critical check to assess any abnormality and found nothing at all. It was normal, completely normal.”