Aidan O'Brien will pursue a "use the best jockey available" policy for his runners in Britain after yesterday's rejection by the Horseracing Regulatory Authority of Kieren Fallon's appeal against the decision to ban him from riding in Britain.
Despite yesterday's setback in London, Fallon, the six-time champion jockey, immediately announced his intention to pursue the matter in the civil courts and promised to take the matter to the "High Court and beyond if necessary". It is the latest stage in the high-profile race-fixing controversy that has rocked the sport for the last two years and which saw Fallon charged by the City Of London police 11 days ago with conspiracy to defraud.
The 41-year-old Co Clare-born jockey has described the British racing authority's subsequent decision to ban him from riding in the UK as potentially ruinous to his career and again yesterday stressed the importance of being allowed to ride across the Irish Sea.
A statement released through his solicitors said: "I am deeply disappointed by the refusal of the HRA to overturn my suspension from riding in the UK. I will take the matter to the High Court and beyond if necessary to reinstate my rights to earn a living in the UK and participate in the sport I love. Until I have that chance to prove my innocence in court, it is grossly unfair that I am being denied a living in Britain."
A court case into the race-fixing scandal is not expected to be heard until the spring of next year which currently leaves the powerful Coolmore Stud team having to engage other jockeys for their star horses when they run in Britain.
However, sources within the organisation stressed yesterday that nothing had changed from the statement issued last week where owners John Magnier, Michael Tabor and Derrick Smith expressed their full support for Fallon.
It was also said that the champion trainer Aidan O'Brien will "use the best jockey available" when it comes to running Coolmore-owned horses in Britain.
The former Ballydoyle number one Michael Kinane will ride O'Brien's hope Marcus Androniucs in today's Group One Darley July Cup at Newmarket. In the earlier Group Two Superlative Stakes, also at Newmarket, Johnny Murtagh will be on board the O'Brien-trained Admiralofthefleet.
Fallon remains free to ride in Ireland and other jurisdictions including France where he is scheduled to partner the O'Brien-trained Mountain in this evening's Group One Grand Prix de Paris at Longchamp. It is a race he won last year on Scorpion.
However, yesterday's refusal by the HRA to allow his appeal is just the latest blow to Fallon whose legal team informed the appeal board on Wednesday that refusing to allow him ride in Britain would effectively end his career.
The appeal panel were unmoved, however, and a HRA board statement afterwards said: "The board received the panel's decisions and reasons and mindful of the serious criminal charges now outstanding against Kieren Fallon decided that the panel's decision to decline to consider any of the presently available evidence was correct. Further that the decision to prohibit him from riding in races in Great Britain until the conclusion of his trial or further order was justified."
The HRA also revealed that Fallon's grounds for appeal were "the decision had the effect of denying him his right to earn a living and would also effectively end his career as a leading jockey and is disproportionate and accordingly unlawful."
Two other jockeys, Darren Williams and Derry-born Fergal Lynch, have also been banned from racing in Britain until a court case.
Williams has lodged an appeal to the HRA and Lynch could also do the same.
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