Ban caused Fallon 'enormous pain'

Kieren Fallon is again free to ride in Britain after his race-fixing trial collapsed at the Old Bailey.

Fallon and five other men, including weighing-room colleagues Darren Williams and Fergal Lynch, were acquitted by a jury on the directions of trial judge Mr Justice Forbes.

Mr Justice Forbes said there was no case to answer following defence submissions at the end of two months of prosecution evidence.

Six-time champion Fallon is now set for a return to the saddle in Britain following a 17-month suspension imposed after charges were brought.

Fallon said in a statement: “I am relieved and delighted to have been found not guilty. I have always said, I have never stopped a horse or fixed a race. The court has confirmed what we have always said – there was no evidence against me.

“I am devastated at having lost over a year’s racing at the top level, at possibly the most important time in my career, and I have missed out on considerable income.

“The HRA (Horseracing Regulatory Authority), as it was, (now the British Horseracing Authority), was given ample opportunity to review the evidence, including the fact that its own stewards had only held an inquiry into one of the races investigated by the police, and also to hear from trainers who confirmed that I always rode their horses to their satisfaction. They chose not to, and instead ruled me guilty without trial by banning me from racing.

“The BHA’s actions have caused me enormous personal pain at so many levels.

“I would like to sincerely thank my employers, John Magnier, Derrick Smith and Michael Tabor, and trainer Aidan O’Brien, as well as my family and friends, for standing by me, and for their support throughout this terrible time.

“I can now look forward to the future.”

The BHA said after the case: “The restrictions placed on the three jockeys involved in the proceedings expired at the conclusion of the proceedings.

“Kieren Fallon, who is licensed by the Irish Turf Club, is therefore able to ride in Great Britain, and Fergal Lynch and Darren Williams are able to re-apply for their jockey licences.”

Mr Justice Forbes said the evidence given by the prosecution’s sole expert witness contained “significant limitations and shortcomings”.

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

But in court, Mr Murrihy had said “it was not incumbent that I verse myself in UK or other jurisdiction rules”.

The judge said in his ruling today: “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.

“In my opinion, that was tantamount to Mr Murrihy disqualifying himself in giving evidence in relation to the suspect races.”

He added: “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.”

Fallon’s solicitors immediately called for two inquiries into the case, which they estimated cost £10 million.

They said one investigation should be into police testimony during the trial and the second into why the Crown Prosecution Service proceeded with the case.

But the CPS defended the decision to prosecute. CPS lawyer Asker Husain said: “This was a serious allegation of fraud in connection with horseracing, with the potential to undermine the integrity of a historic sport enjoyed by millions.”

Spokesman Paul Struthers said the BHA would now review all the available evidence to determine if there have been breaches of the Rules of Racing that would require it to take disciplinary action.

He said: “This will be done as a priority and, we trust, with the full co-operation of those involved in the police investigation.”

The three jockeys, Miles Rodgers and two other men had been accused of plotting to throw races.

But the “fatal flaw” in the £6m case was that no one was able to prove the jockeys had interfered with horses.

The case against the men was that they were trying to break Jockey Club Rule 157 by stopping horses racing on their merits.

But Mr Murrihy 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 jury also heard that Fallon had a higher win-rate in the races he was allegedly meant to throw than his average.

City of London police, who had been asked to investigate by the Jockey Club, came under constant criticism throughout the case.

It emerged that the then Commissioner of the force had approached a director of the Jockey Club – now the BHA – about more funding for the inquiry, which is thought to have cost around £3m.

It was also revealed that the main detective in the case had been offered a job with the BHA’s investigation unit.

City of London Police commander Patrick Rice insisted the force had “no regrets” about taking on the investigation.

He said it had been a “complex and high profile case” but initial inquiries suggested there was “significant evidence of criminal activity”.

“This activity could have had the result of seriously defrauding the betting community and undermining confidence in British horseracing,” he said.

“We made the decision, therefore, to take on the case in the public interest.”

The accused were said to have plotted to stop 27 horses winning between December 2002 and August 2004.

The prosecution said large amounts of money had been wagered on the horses losing after a series of phone calls and text messages involving the jockeys.

The betting syndicate run by Rodgers was said to have bet £2.1m on horses to lose, making between £60,000 and £143,000.

But Fallon was alleged to have owed the syndicate’s backers £338,000 by winning the five races.

Fallon, 42, Lynch, 29, Williams, 29, Rodgers, 38, Shaun Lynch, 38, and Philip Sherkle, 42, were all cleared on the directions of the judge.

Rodgers was also found not guilty of concealing the proceeds of crime. All the defendants were on bail.

Williams said: “I have always maintained my innocence and I was extremely upset that the HRA took away my licence, and prevented me riding for the best part of two years.

“I have always ridden horses on their merits to the best of their ability and I always will.”

Lynch said: “It’s been very tough and has been very hard for my family and friends – they are the people who have suffered the most.

“It’s a massive weight off my shoulders.”

A statement issued on behalf of Coolmore, Fallon’s employers, read: “We are delighted that the judge has agreed that a decision of ’no case to answer’ has been returned in relation to Kieren Fallon.

“However we find it extremely sad that he was denied the right to display his skills and earn a living on the racecourses of Britain while this case was pending.

“A jockey’s riding career is a short one and Kieren was cruelly disadvantaged at the peak of his career.”