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LONDON - Six-times champion jockey Kieren Fallon and five members of an alleged race-fixing syndicate walked free from court in London after a judge dismissed the evidence of the main prosecution witness.
The 42-year-old Fallon and his co-accused were acquitted of fixing 27 races after the judge said an Australian horse racing expert called to give evidence was not familiar enough with the rules of British racing to be considered authoritative.
"I have reached the firm conclusion that even if it was appropriate to admit his expert opinion, it's probative value is so limited in all the circumstances of this case that very little if any weight can be attached to it," Justice Forbes said of Ray Murrihy, the chief racing steward of New South Wales.
"There is no sufficient evidence from which the jury could conclude that the jockeys agreed to stop their horses as alleged," the judge told the Old Bailey court as he instructed the jury to find Fallon and his co-defendants not guilty.
The high-profile, two-month trial was reported to have cost taxpayers £6 million ($15.9 million).
Fallon and his co-accused, including jockeys Fergal Lynch and Darren Williams, had all denied wrongdoing.
Fallon, who was banned from racing in Britain while he stood trial, was accused of being at the centre of the alleged multimillion-pound scam, which was also said to have included a professional gambler, the brother of one of the jockeys and an Irish middleman.
The Irish-born jockey, whom the jury never heard, had been accused of fixing 17 races that defrauded punters of online bookies Betfair between December 2002 and August 2004.
Prosecutors claimed the syndicate bet close to £2.12 million on races that cost punters several million pounds.
But they said Fallon "accidentally won" in five races he was supposed to lose, including one on a horse owned by Queen Elizabeth, which cost professional gambler Miles Rodgers, 37, more than £500,000.
The prosecution alleged that in order to pay off the debts that came from his "unexpected wins" Fallon continued to engage in the cheating tactics.
Fallon's defence team had labelled that claim "absurd". They said he was gunning for his seventh title because he was a man "driven by a desire to win".
During his evidence, Murrihy admitted he did not know the rules of British horse racing.
Britain's Crown Prosecution Service, which brought the case, defended its decision to prosecute.
"This was a serious allegation of fraud in connection with horse racing, with the potential to undermine the integrity of a historic sport enjoyed by millions," reviewing lawyer Asker Husain said. "Our case was that there was a deliberate conspiracy to the detriment of the betting public. The judge rejected applications to dismiss the case made before the trial started... Of course, we respect his decision."
OUT OF THE FRYING PAN AND INTO THE FIRE?
Jockey Kieren Fallon, cleared of race-fixing at the Old Bailey on Friday, tested positive for a prohibited substance after riding in France earlier this year, his legal representative said on Saturday.
Christopher Stewart-Moore said that a report in Saturday's Daily Mail that Fallon had tested positive was accurate.
"I can confirm the report in the Daily Mail is correct," Stewart-Moore was quoted as saying on the BBC's website.
"We are looking into the matter as there are parts of it which are curious."
The Irishman tested positive for cocaine after riding Myboycharlie to victory in the group one Prix Morny at Deauville in August.
The Daily Mail said the test was returned some time between June 10 and September 9, within weeks of the Irishman getting his licence back after being suspended for six months when he tested positive at Chantilly in France in June 2006.
The paper said it understood the French racing authorities would not impose any ban until the B sample result becomes available. If it confirmed the A test, Fallon could face another 18 months on the sidelines.
The French authorities were not available for comment on Saturday.
Fallon, six-times champion jockey in Britain and now free to ride again after Friday's dramatic court acquittal, is the retained rider for Coolmore Stud and Irish trainer Aidan O'Brien.
A Coolmore spokesman told the Mail: "We are aware that the B sample has not yet confirmed the test. It did not occur at the Arc meeting."
- Reuters
