Fallon conspired to lose races, Old Bailey hears

Top Irish jockey Kieren Fallon was part of a plot to throw races to make money for a crooked betting syndicate, the Old Bailey…

Top Irish jockey Kieren Fallon was part of a plot to throw races to make money for a crooked betting syndicate, the Old Bailey heard today.

Kieren Fallon arriving at the Old Bailey in London this morning
Kieren Fallon arriving at the Old Bailey in London this morning

The jockey, who yesterday rode Irish horse Dylan Thomas to victory in the Prix de l'Arc de Triomphe, is one of six defendents charged with defrauding the online bookmaker Betfair by conspiring to make horses lose between 2002 and 2004.

Businessman Miles Rodgers bet £2.12 million on various internet accounts that 27 horses - ridden by Fallon and two other jockeys - would lose, it was alleged.

He had been tipped off by the riders just before the various races, claimed Jonathan Caplan, QC, prosecuting. 17 of the horses were ridden by Fallon, the six times champion jockey.

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But he won five of the races, losing the syndicate around half a million pounds, said Mr Caplan.

The wins included one on the Queen's horse, Daring Aim. This was said to have cost the crooks £138,000, the court was told.

The day after the race at Newmarket on July 23rd, 2004, there was an exchange of text messages between Fallon and Philip Sherkle, said to be the go-between.

Fallon, the court heard, said : "They will take my licences off me if they drift like that last night. They are watching me."

On July 27th, Sherkle wrote: "I am away weds morning just text as normal make sure u do please I don't want any grief from them when I get back thanks."

An undated message from Fallon to Sherkle read: "no I can't chance it".

Mr Caplan said Rodgers's records showed Fallon's loses for the syndicate to be £436.579.

Angered by Fallon's wins, Rodgers - who was thought to be working for a group of backers in Spain - tried to confront him, said Mr Caplan.

He added: "When Fallon unexpectedly won, and in consequence cost the conspirators sizeable sums of money, they clearly felt that this was contrary to his agreement with them and sometimes they took steps to deal with it.

"Rodgers was recorded talking about others wanting someone to go after Fallon because of his unexpected wins.

"But, during August 2004, Fallon, according to Rodgers, sought to find a method of squaring the loss that he had caused.

"Rodgers resolved to stick just with Fergal Lynch and Fallon as the jockeys for the conspiracy.

"This was because, as Rodgers said 'When you've got someone as big as Fallon you don't need anybody else in your own mind, do you?'".

At the end of his three-month winning spell, Rodgers had agreed to alter his way of working with Fallon by identifying horses he could stop in 'handicap' races, it was alleged.

Rodgers had also replaced Fallon's intermediary from his friend Shaun Lynch to barman Sherkle, it was claimed.

Lynch's brother jockey Fergal Lynch was said to have ridden in six of the races, winning only once and making a profit of £5,000 for the syndicate.

Another jockey, Darren Williams rode in four, losing each time and making the crooks £55,000, the court was told.

Whereas Fergal Lynch and Darren Williams contacted Rodgers directly, Fallon had used others, said Mr Caplan.

He said: "Kieren Fallon was more cautious and Rodgers had indirect contact with Fallon using an intermediary, Shaun Lynch, to a lesser extent Fergal Lynch, and latterly, Philip Sherkle.

"The prosecution say that the jockeys were confirming in these pre-race calls that the horse would be stopped."

Mr Caplan said there was no evidence that Fallon ever received any money or benefit from Rodgers or anyone else connected with the conspiracy.

But it was the prosecution case that he held himself accountable for losses that cost the conspirators about half a million pounds.

"He would have to earn that money back for the conspirators by stopping horses before he would receive any benefit himself. The inference to be drawn is that he was clearly involved for reward," Mr Caplan said.

At one point Rodgers is recorded saying: "He has left us all in the shit. We are all f****** sat here f****** short."

Rodgers was betting up to £100,000 knowing that the jockey "was prepared to cheat by using tactics on course to stop the horse if it was likely to win", said Mr Caplan.

"The plan was not foolproof because you could not always stop the horse if, in the particular circumstances, it would look too obvious.

"A horse race is a dynamic event and anything can happen. But the plan worked most of the time."

Mr Caplan said the case was based partly on bugged conversations from Rodgers's Mercedes car and the car park of his Italian restaurant with Fergal Lynch, Philip Sherkle and others.

There were also text messages found on mobile phones and a pattern of phone calls and betting on the online betting exchange, Betfair.

Fallon, who rode Dylan Thomas to victory in the Prix de l'Arc de Triomphe in  France at the weekend, stood in the dock with the other accused to hear thecharges read to the jury.

It alleged they were involved in a conspiracy with others between December 2002 and September 2004 to defraud Betfair customers and other punters.

Fallon (42) formerly of Newmarket, Cambridgeshire, but now of Tipperary, Ireland, Fergal Lynch (29) of Boroughbridge, North Yorkshire, and Darren Williams (29) of Leyburn, North Yorkshire, deny the charges.

Shaun Lynch, 37, of  Belfast, former racing syndicate director Miles Rodgers (38) of Silkstone, South Yorkshire, and Philip Sherkle, 42, of Tamworth, Staffordshire, also plead not guilty.

Rodgers also denies concealing the proceeds of crime. All the defendants are on bail.

Mr Caplan said of Fallon: "He has been champion jockey in this country on six occasions.

"There can be no question that he is regarded as being one of the leading jockeys in the world."

Mr Caplan told the court: "This case concerns a serious allegation of fraud.

"It is unusual because it is also concerned with sport and any allegation of fraud in that context obviously undermines the integrity of the sport in question."

An independent Australian racing steward called Ray Murrihy had expressed concerns regarding 13 of the races, the court heard.

Mr Caplan said Fergal Lynch bought a four-wheel drive BMW X5 vehicle and was "boldly prepared to try and stop three horses" at Ripon in August 2004 to payfor it.

He lost the first and last but won on the second horse, Familiar Affair.

The court heard a recording of a phone call before the third race, in which Rodgers tells Lynch: "You cannot make a mistake."

Jurors were shown surveillance footage of Williams emerging from a pub in the same month, following a meeting with Rodgers, with a white envelope.

When he was arrested the next day, £520 cash was found at his home, and a white envelope was stuffed under his mattress, said Mr Caplan.

The trial was adjourned to tomorrow.

PA