riday, July 7, 2006

HEARINGS OF KIEREN FALLON, FERGAL LYNCH AND DARREN WILLIAMS BEFORE THE SPECIAL PANEL OF THE HRA

2. Conditions which were attached to the licences of Fergal Lynch and Darren Williams when they were granted came into effect upon charge, so that their jockey's licences immediately expire. They now apply to us, being the relevant panel of HRA, to issue them with new licences. In the case of Kieren Fallon his licence to ride is issued by the Irish Turf Authority. Normally this licence would permit him to ride in the UK, but this week he has been serving a 4 day ban (which expired yesterday) imposed by the Stewards at Ascot. We now consider whether, in the light of the charges made against him on Monday, we should
suspend his licence until trial under Rule 1(a)(xxv).

3. It is obvious from reading the charge that it is a very serious matter in the racing context; in that, if proved, it means that 3 jockeys have over a period of 21 months with criminal intent arranged with others to fix a number of races, so that others would with confidence lay certain horses to lose on the Betting Exchanges. They could do this with confidence because the jockeys would do their best to ensure that the horses would not win. The losers, of course, in such a situation, are many. First there is the owner, whose horse is stopped. It does not get a fair run. Then there is the trainer, who has trained the horse to run as well as possible. His efforts are nullified. And, of course, there are the punters, who back the horse, and who do not get a fair run for their money, and end up losing it. Another major loser in such a situation, is Horseracing itself whose integrity is impugned by such conduct. Whatever action we take must reflect the role of the Regulator whose task is to attempt to ensure that the manner in which the sport is run is fair and honest.

4. All that said, the situation here is that, after lengthy investigation, the City of London Police have charged these men. Each of them firmly denies the charge. In due course the Jury will have to decide whether or not the charge is proved. We know only the wording of the charge and certain other limited details either given to us by the representatives of Kieren Fallon or which we have come by in the normal course of our Regulatory duties (e.g. we are aware that Miles Rogers, who is one charged with the jockeys, was warned off on 2nd April 2004). It is not for us to seek to assess the strength of the case for the prosecution or the defence, but we know that a responsible public authority, the CPS, under the guidance of the DPP has taken the view that the evidence collected raises at least a prima facie case against
these jockeys.

5. The principle that a man is innocent until proved guilty underpins our society and our criminal law. It is of special importance in a situation such as this where consideration is being given to action which would seriously prejudice the ability of these three jockeys to
follow their chosen careers. We bear it carefully in mind, giving full weight to the powerful submissions which have been made on the point on behalf of the jockeys. Additionally, it is the case that no trial of this charge against the men will take place for at least 12 months and possibly longer, i.e. a long gap is inevitable. This is also of great significance when we consider the effect that any suspension is likely to have upon those three individuals.

6. As far as Kieren Fallon is concerned, his Jockey's Licence is issued by the Irish Turf Authority. We understand that they do not intend to suspend or take any action in connection with that licence until the conclusion of the criminal trial. Accordingly, if we suspend Mr. Fallon's ability to ride in this country he will still be able to ride in Ireland, and it is not our intention to ask other international racing authorities to activate any suspension which we impose in any other countries. This is because our concern is to protect the integrity of racing in this country, and we must leave it to other authorities to take whatever action they see fit concerning their own jurisdictions.

7. Nevertheless we appreciate that an inability to ride in races in this country would be a very serious setback for Kieren Fallon. He is often put up by very distinguished yards in both high prestige and more ordinary races here; and his major retainer in Ireland often run horses here, frequently with a favourite's chance in Classic or Group Races. Letters we have seen show that these contacts still support him. He is now 41 years old and his career is at its height. He has been Champion Jockey in the UK on six occasions. To deprive him of the ability to ride here is highly detrimental to his interest. He will most probably lose the retainer at Coolmore after the end of the season. He is an important part of that operation riding potential future stallions as they develop through their racing careers. He is much valued by Coolmore, but they are a commercial concern and we are told that they are only contractually committed to him until the end of this season. We appreciate that any suspension would cause him significant financial damage and that a suspension will also have an adverse effect upon others including his employers and those who he supports.

8. Similar considerations apply to both Fergal Lynch and Darren Williams. Fergal Lynch is aged 28. He is a freelance jockey. He has ridden 25 winners this season and 77 winners last season. His career has been recovering from earlier problems and an inability to ride now will destroy that recovery. Darren Williams is aged 28. He also is a freelance jockey and he has ridden 12 winners here this season and 33 winners last season. If they cannot ride in racing here their main and ostensible means of livelihood is removed from them. Their financial circumstances will be severely curtailed and their incomes dramatically reduced. Both have substantial mortgage commitments. One supports a partner and the other a daughter. Even in the event of ultimate acquittal their careers and career opportunities will have been significantly damaged if they are not granted new licences now.

9. Our task is to balance the potentially conflicting interests of on the one hand the reputation and integrity of racing; and on the other hand the right of the individual to pursue his chosen career. Any orders which are made must be proportionate to all the circumstances, including the individual circumstances just mentioned. We must consider whether the proper objective of protecting the integrity of racing is so damaged by the allegations made against these jockey as to make it necessary to remove the ability of all or any one of them to ride in our races, even before trial.

10. We cannot be concerned to assess the strength or otherwise of the prosecution case. Mr. Fallon's representatives have sought to persuade us to examine case against him and to conclude that it cannot succeed. Alternatively, they have asked us to make no suspension, at least until they can make a submission that there is no case to answer at a plea and direction hearing before the trial Judge. We have declined this suggestion, since it is not our task to decide on guilt or innocence; nor is it our job to second guess the CPS or the DPP. We merely observe that, after extensive investigations and after receiving powerful representation on behalf of Kieren Fallon, the CPS special crime division has decided to prefer the charge of conspiracy against him as we have described. We further observe that this is a substantially different case to that of Alan Berry, who is charged in connection with only one race.

11. We return to the balancing exercise required of us. We realize the hardship that suspension and the length of time over which such hardship may last will cause; but we also recognize the damage that can be done if persons the subject of a serious criminal charge are permitted to ride pending trial. There is a strong likelihood that during such a period racing would be severely damaged both by the possibility of further race fixing, and the perception of such; and by the adverse reaction of many members of the racing public to the concept that a jockey charged with an offence which is so close to the heart of the sport is permitted to continue to participate. In our view the damage done would be very hard to repair and, as the Regulator, we are anxious to avoid that damage. Accordingly, taking account of all relevant circumstances we have concluded that we will not grant licences to Fergal Lynch or Darren Williams until the conclusion of their trial or further orders. In an attempt to mitigate the financial hardship which this decision will cause them we shall invite the BHB to pay compensation to e ach of them at the relevant PRIS rate, until trial.

12. In the case of Kieren Fallon, we shall make an order under Rule 1(a)(xxv) prohibiting him from riding in races in Great Britain until conclusion of the trial or further orders. Since he remains able to ride abroad we shall not invite any payments of compensation to him by the BHB.

Sir Michael Connell - Panel Chairman - Director of the HRA

Ben Gunn - Director of the HRA

Michael Henriques - Chairman of the HRA Licensing Committee

STATEMENT ISSUED ON BEHALF OF KIEREN FALLON

TOP CLASS FALMOUTH AND CHERRY HINTON IN PROSPECT - SILK BLOSSOM REPORTED TO BE IN "TERRIFIC FORM"

In the day's other Pattern race, the £70,000 Chippenham Lodge Stud Cherry Hinton Stakes (Group 2), a high class entry of 14 two-year-old fillies has been received, including two impressive Royal Ascot winners - Queen Mary Stakes (Group 2) heroine, Gilded, and the Albany Stakes (Group 3) scorer, Sander Camillo. Both look out of the top drawer, while the Albany runner-up, Silk Blossom, has also been entered, as has Alderney, a smooth winner on her debut at York on June 17 for trainer Michael Jarvis.

Others to take the eye include the unbeaten Hope'N'Charity for trainer Clive Cox, and impressive maiden winners Adaptation, Alzerra, Divine Right and Indian Ink. Gaudeamus, the smooth winner of a Listed Race at the Curragh last time for trainer Jim Bolger, is one of two Irish-trained entries, the other being John Joseph Murphy's New Spirit.

Trainer Barry Hills could be represented in both Pattern contests, with Silk Blossom potentially aiming for a rematch with her Albany Stakes conqueror, Sander Camillo, in the Chippenham Lodge Stud Cherry Hinton Stakes, and Short Dance heading for the UAE Equestrian & Racing Federation Falmouth Stakes.

Silk Blossom made a winning debut over five furlongs of Newmarket's Rowley Mile course in April, defeating Tarkamara by a length and a quarter, before finishing one and a half lengths runner-up in the six-furlong Albany Stakes from an unfavourable draw.

Charlie Hills, assistant trainer to his father Barry, revealed: "She's come out of her Ascot race very well and looks terrific. The draw was an absolute killer at Ascot and she ran a tremendous race.

"She's in the Chippenham Lodge Stud Cherry Hinton Stakes but she's not a definite runner yet. It's one of a number of nice races coming up so we'll have a look at the race, then Dad will have a discussion with the owner and go from there, but she's in terrific form."

Short Dance could bid to get her season back on track after disappointing when 13th of 15 to Nightime in the Boylesports Irish 1000 Guineas on heavy ground at the Curragh on May 28.

The Khalid Abdulla-owned filly had been impressive when winning a soft ground mile Listed contest at York nine days earlier and was just over a length and a half third to Nasheej on her seasonal bow in the Group Three Fred Darling Stakes at Newbury in April.

Hills reported: "Short Dance could go to the UAE Equestrian & Racing Federation Falmouth Stakes. It looks a bit of a tall order but she's in good nick and hopefully might get a place.

"She had two quick races before the Curragh and it was only a week after she won at York, so we took a bit of a chance and it didn't pay off. We've given her a break since and she's working nicely enough."


MEMBERS' ENCLOSURE SELL-OUT ON WEDNESDAY

Members' Enclosure badges for Jaeger Ladies' Day, the opening day of the Ritz Club July Festival on Wednesday, have sold out, but Grandstand & Paddock Enclosure tickets remain priced at £18. Both Members' Enclosure (£30) and Grandstand & Paddock Enclosure tickets are still available for Thursday and Friday. Call 01638 675 500 for advance bookings or visit www.newmarketracecourses.co.uk where you can take advantage of a 10% on-line discount for bookings made three or more days in advance.

PROSSER DELIGHTED WITH NEWMARKET GROUND

Newmarket's Clerk of the Course, Michael Prosser, who is aiming for ground just on the good side of Good-to-Firm for the start of the three-day Ritz Club July Festival on Wednesday (12th July), is delighted with the current situation on the July Course.

On Friday morning he said:

"We're racing on virgin ground next week on the far side of the track which has been well watered over the last couple of days and I have to say that it's in great nick. There's a lovely covering of grass and it's now pretty much where I want it for next Wednesday, just marginally better than Good-to-Firm.

"We've missed most of the rain so far this week and though we may get a few showers this weekend, they're not likely to amount to a great deal. The forecast for next week is for high pressure to start building again and it looks like we'll be in for some great weather for our biggest summer race meeting of the year.

"Soviet Song's bid to make history in the UAE Equestrian & Racing Federation Falmouth Stakes on Wednesday and judgement day for the three Aussie sprinters in Friday's Darley July Cup are undoubtedly the highlights to look forward to on the track, but I'm sure that it will be top-class racing throughout the three days. With over £1.28m in prize money on offer, almost double what it was five years ago, you'd be disappointed if it wasn't!"

FREEDMAN CHANGES FALKIRK PLANS

This means Falkirk will now NOT be working on the July Course tomorrow morning (Saturday), as had previously been the plan.

Fellow Australian Darley July Cup contender, Takeover Target, will also have complete his preparation for Europe's most valuable sprint by working on the July Course on Tuesday.

Times have not yet been announced for either Falkirk's or Takeover Target's work on Tuesday.

The Darley July Cup, worth £360,000, is Europe's richest sprint and run at 3.10pm on Friday, July 14.

TWO FABULOUS EVENINGS AT SALISBURY IN JULY

Opening the racing action is the £5,500 BATHWICK TYRES LADY RIDERS' SERIES HANDICAP (6.35pm) over six furlongs, followed by the £7,000-added UPTON McGOUGAN CONSULTING ENGINEERS 25th ANNIVERSARY NOVICE AUCTION STAKES (7.05pm), over the same distance.

Race three, the £7,500-added HERITAGE AUDI QUATTRO CELEBRATION EBF MAIDEN STAKES (7.35pm) over seven furlongs, saw a thrilling finish last year as Humungous defeated Opera Cape by a neck. The runner-up subsequently won the Group Three Solario Stakes at Sandown and concluded the year by finishing an excellent third to Sir Percy in the Group One Darley Dewhurst Stakes at Newmarket. The £11,000 COLD SERVICE LIMITED HANDICAP (8.05pm) over a mile and the £5,500 EDWARD NUTTALL HANDICAP (8.35pm) over a mile and a half are next on the agenda while the action concludes with the richest race of the evening, the £18,000 EBF LADIES EVENING FILLIES' HANDICAP (9.05pm) over a mile.

Saturday, July 29, is the date of Salisbury's second evening fixture and offers another competitive six-race card. The £6,000 CARNARVON AMATEUR RIDERS' HANDICAP (6.10pm) over a mile opens the proceedings, followed by the HIGHLAND PARK SINGLE MALT SCOTCH WHISKY MAIDEN STAKES (6.40pm). Stratham was the victorious horse in the latter race last year and was subsequently sold to race in the USA, where he recently won the Grade Three Will Rogers Stakes at Hollywood Park. Completing the racing action are the £8,500 GLENSIDE MANOR HEALTHCARE SERVICES LTD MAIDEN STAKES (7.10pm), the £5,500 TURFSURF EQUINE SURFACING CLAIMING STAKES (7.40pm), the £6,000 WESTOVER GROUP HANDICAP (8.10pm) and the £12,500 SUBSCRIBE TO RACING UK ON 08700 50 69 57 FILLIES' HANDICAP.

Both fixtures offer racegoers a big screen to keep up with all the action and full-colour racecards will are available. There is also plenty of entertainment to keep children amused. Admission prices for both fixtures are Members' Enclosure £18, Tattersalls Enclosure £11 and Course Enclosure £6, but reduced rates are available for all three enclosures by booking up to seven working days in advance. Accompanied children under 16 gain free admission and car parking is free. Gates open at 4.30pm on both days.

Racing at Salisbury continues to go from strength to strength. Recent Budweiser Irish Derby victor, Dylan Thomas, was beaten a neck in the Group Three skybet.com Autumn Stakes in October, 2005, meaning that two Derby winners ran at Salisbury last season following on from Sir Percy's triumph earlier this season in the Epsom Derby.

Salisbury's historic Bibury Meeting, on June 28 and 29, saw plenty of good performances, as large fields took advantage of the good ground conditions. Notable performances included the Marcus Tregoning-trained juvenile Majaales, who looks capable of going on to better things and the Ed McMahon-trained Rainbow Mirage, who could now bid for the valuable Two-Year-Old Trophy at Redcar later in the season.

At the halfway point of the season, the most successful trainers at Salisbury in 2006 have been Richard Hannon and David Elsworth, each recording four winners. John Egan has been the jockey to follow with four wins in 2006, followed by Ryan Moore on three victories.

Jeremy Martin, Salisbury's Clerk of the Course, commented: "June was a fantastic month for us at Salisbury and the Bibury Meeting continued its fine tradition of producing great racing. It was quite a day on the Thursday when Richard Hills' win was immediately followed by his son, Patrick's first ever win.

"Following Dylan Thomas' victory in the Budweiser Irish Derby on July 2, we now have two Derby winners that ran at Salisbury as two-year-olds, following on from Sir Percy, and this proves that Salisbury is right up there as a venue for the very best juveniles."

For old articles (from 1st March 2000) go to the Newslink Archive

©Racenews
designed and produced by Racenews Internet Services