BRITAIN:The biggest criminal investigation in the history of UK horse racing ended in bitter recrimination yesterday as an Old Bailey trial judge directed a jury to find champion jockey Kieren Fallon and five co-defendants "not guilty" of fraud and race fixing.
The judge told the jury that the expert evidence relied upon by the prosecution, Australian steward Ray Murrihy, in the light of admissions during cross-examination, fell "far, far short" of the standard required in law.
The chief steward of New South Wales originally said 13 out of 27 races under investigation were "suspect" and he criticised the jockeys.
Afterwards the crown prosecution service (CPS) insisted it had been right to continue with its £10 million criminal investigation and stood over its claims that there had been a criminal conspiracy but said it fully accepted the ruling by Mr Justice Forbes.
The British Horseracing Authority, which as the Horseracing Regulatory Authority and formerly the Jockey Club called in City of London police and the CPS, said the collapse of the trial meant the end of the racing ban on Kieren Fallon, Fergal Lynch and Darren Williams. The horse racing authority said it would carry out its own examination of the evidence to see if there had been a breach of its rules.
Clareman Kieren Fallon, who suspended his own racing to concentrate full time on the trial, expressed relief and delight at his freedom and anger at his loss of earnings.
"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, he said. "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, as it was, 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."
Fallon thanked all those who had kept faith with him, not least racehorse owners John Magnier, Derrick Smith and Michael Tabor, and trainer Aidan O'Brien. "I can now look forward to the future," he said at the end of the 3½-year criminal investigation and trial that began with dawn raids on the suspects' homes.
Fergal Lynch, who with his older brother Shaun has been a friend of Fallon for many years, recalled the dawn raid on his home in September 2004 and said his life had been a nightmare since: "This allegation was untrue and unsupported by the evidence, yet it has taken me over three years to clear my name. I now look forward to resuming and reviving my career on the track as soon as possible and hopefully returning to winning form."
The prosecution lawyer overseeing the case Asker Husain stood over the failed trial. "It was right to prosecute this case. This was a serious allegation of fraud in connection with horse racing and the potential to undermine the integrity of a historic sport enjoyed by millions.
"Our case was that there was a deliberate conspiracy to the detriment of the betting public. The judge rejected applications to dismiss the case before the trial started . . . [ but] of course we respect his decision at the close of the crown's case that it should not be left to the jury for final consideration," he said.
Fallon, of Cambridgeshire, but now living in Tipperary since his UK ban, Fergal Lynch (29) and Darren Williams ( 29), both of North Yorkshire, were originally charged with conspiring to stop horses from winning or "running on their merits". Lynch's brother Shaun Lynch (37) of Derry, former racing syndicate director Miles Rodgers (38) of South Yorkshire, and Dubliner Philip Sherkle (42), a barman from Staffordshire were also accused of the conspiracy. Mr Rodgers was also originally accused of money laundering.