Put question to the horse, expert tells Fallon trial
It looked as though the filly might be called to the witness box at the Old Bailey after an expert suggested a lawyer should get the answer to a question straight from the horse’s mouth.
Daring Aim was ridden to victory by top jockey Kieren Fallon at Newmarket in July 2004, but the race is alleged to have been involved in the scam.
Australia’s chief steward Ray Murrihy was asked his opinion on the race in which the horse was said to have a “whirling tail”.
Asked by Fallon’s QC John Kelsey-Fry: “What does a flick of the tail mean?” To much laughter, Mr Murrihy replied: “You would have to ask the individual horse”.
An incredulous Mr Kelsey-Fry replied: “How am I to ask Daring Aim that?”
Mr Murrihy did not agree with the defence’s suggestion that it was universally accepted to be a sign of reluctance.
The clash came after a day of exchanges in court where the steward was giving evidence for the prosecution for a third day.
At one point the barrister asked Mr Murrihy to agree that the jockey had made a “reprehensible and horrendous” error in a race which he lost on Ballinger Ridge after having a commanding lead.
But Mr Murrihy replied: “I am not in a position to say. I did not investigate it.” He said he had been asked to give an independent assessment of 27 races by police and had given his opinion based on Australian rules.
He denied a suggestion that he had been asked to look for damaging evidence.
Mr Murrihy said he picked out 13 races ridden by Fallon and fellow jockeys Darren Williams and Fergal Lynch in which he would have held a steward’s inquiry.
Six were ridden by Fallon and two had resulted in wins for Fallon. Daring Aim was not among them and he had “nothing negative to say about the ride”.
Jockeys Kieren Fallon, 42, Fergal Lynch, 29, and Darren Williams, 29, deny the conspiracy to allow horses to lose so a betting syndicate could win money. Three other accused also plead not guilty. The trial was adjourned until tomorrow.
