Galejade: The vast majority of Fallons annual income is from his £1M retainer from Coolmore. His income from actual rides in the UK is peanuts compared to this. Proving how much "prize money" he has lost is a intangible.
How many days had he ridden in the UK this year.....possibly less than in Ireland and elsewhere? (I haven't checked)....but if that is the case he can't claim that his main source of income has been lost...and who is to say that he would have ridden in the UK on any particular day?
Plenty of grey areas.
He is charged with conspiracy which means that it does not have to be proved that he actually did cheat to gain a conviction.
But who knows what will happen........UK racing has been destroyed over the last few years and I wouldn't be relying on the HRA to make a correct decision.
They should have suspended the jockeys for "bringing racing into disrepute" which would have distanced them from any outcome of any court case and given them a watertight reason for their actions.
Race-fixing investigation looks@ChampJock Fallon &others
Moderators: Roguelet, hpkingjr, WaveMaster
Racing Post 28th
KIEREN FALLON will learn on Friday morning whether his challenge to a career-threatening ban from British racing has proved successful after a High Court heard on Thursday that the financial consequences of a defeat would be “disastrous” for himself and his family.
The outcome of Fallon’s attempt to overturn his suspension is to be announced at 10.15am on Friday when Mr Justice Davis will deliver a judgement on submissions made on Thursday on behalf of Fallon and the Horseracing Regulatory Authority.
If the judge finds in Fallon’s favour, he could rule that the former champion jockey must be allowed to resume riding immediately, before the HRA holds a further hearing, thereby enabling Fallon to take the ride on hot favourite Hurricane Run in tomorrow’s King George VI and Queen Elizabeth Diamond Stakes.
If Fallon’s application fails, his legal team is expected to apply for criminal charges against him to be quashed, on the grounds that there is no case to answer.
That application is unlikely to be heard until late this year.
David Pannick QC, representing Fallon, argued that the HRA disciplinary panel’s decision, confirmed on appeal, to suspend Fallon from riding in Britain until the criminal charges against him have been heard was not legal.
Pannick submitted that the HRA was wrong to refuse to hear evidence relating to the alleged weakness of the case against Fallon, and that suspension was a disproportionately severe sanction, given the acknowledged irreparable harm done to Fallon’s career and livelihood.
It was statedthat Fallon has financial commitments of over £200,000 a year in respect of court orders relating to his ex-wife and children, that his retainer with Coolmore has been paid until March 2007, and that Fallon has earned an estimated £14,000 from his share of prize-money won outside the UK since the start of his suspension earlier this month. Pannick stated that the material Fallon’s lawyers wished to be considered by the HRA included a 297 page transcript of Fallon’s interviews with the policeand videos of 18 races. He might also wish to call witnesses to give evidence.
Pannick condemned the HRA’s reasons for suspending Fallon - that there was a risk of further offences and the public’s perception of racing would be damaged. He said: “He would need to be certifiably insane to step out of line when prosecution is pending.” Pannick maintained that the racing public was as likely to be offended by the injustice inflicted on Fallon by suspending him, as by a decision not to suspend him.
Mark Warby QC, for the HRA, maintained that the decision was “just, sensible and rational,” and that the HRA was entitled to reach it without making a judgement about the strength of the criminal case against Fallon.
Reacting last night to the court proceedings, Paul Struthers, HRA public relations manager, said: "Skeleton submissions from Kieren Fallon's legal team stated that, if he lost his retainer with Coolmore as a result of being prevented from riding in Britain, the consequences would be `disastrous' to the extent that his children would have to leave their schools and both they and their mother would have to leave the matrimonial home.
"We submitted that we did not accept all of the claimant's submissions on the impact of the prohibition and that `it is important that the factual position is presented fairly and not overstated, as it has been in certain important respects' to the HRA's initial panel, Appeal Board and in the skeleton arguments in support of the claim.
"During questioning by Mr Justice Davis, David Pannick QC conceded that the submissions on the financial consequences of the ban had indeed been overstated and drew back from what had been said in their skeleton argument."
KIEREN FALLON will learn on Friday morning whether his challenge to a career-threatening ban from British racing has proved successful after a High Court heard on Thursday that the financial consequences of a defeat would be “disastrous” for himself and his family.
The outcome of Fallon’s attempt to overturn his suspension is to be announced at 10.15am on Friday when Mr Justice Davis will deliver a judgement on submissions made on Thursday on behalf of Fallon and the Horseracing Regulatory Authority.
If the judge finds in Fallon’s favour, he could rule that the former champion jockey must be allowed to resume riding immediately, before the HRA holds a further hearing, thereby enabling Fallon to take the ride on hot favourite Hurricane Run in tomorrow’s King George VI and Queen Elizabeth Diamond Stakes.
If Fallon’s application fails, his legal team is expected to apply for criminal charges against him to be quashed, on the grounds that there is no case to answer.
That application is unlikely to be heard until late this year.
David Pannick QC, representing Fallon, argued that the HRA disciplinary panel’s decision, confirmed on appeal, to suspend Fallon from riding in Britain until the criminal charges against him have been heard was not legal.
Pannick submitted that the HRA was wrong to refuse to hear evidence relating to the alleged weakness of the case against Fallon, and that suspension was a disproportionately severe sanction, given the acknowledged irreparable harm done to Fallon’s career and livelihood.
It was statedthat Fallon has financial commitments of over £200,000 a year in respect of court orders relating to his ex-wife and children, that his retainer with Coolmore has been paid until March 2007, and that Fallon has earned an estimated £14,000 from his share of prize-money won outside the UK since the start of his suspension earlier this month. Pannick stated that the material Fallon’s lawyers wished to be considered by the HRA included a 297 page transcript of Fallon’s interviews with the policeand videos of 18 races. He might also wish to call witnesses to give evidence.
Pannick condemned the HRA’s reasons for suspending Fallon - that there was a risk of further offences and the public’s perception of racing would be damaged. He said: “He would need to be certifiably insane to step out of line when prosecution is pending.” Pannick maintained that the racing public was as likely to be offended by the injustice inflicted on Fallon by suspending him, as by a decision not to suspend him.
Mark Warby QC, for the HRA, maintained that the decision was “just, sensible and rational,” and that the HRA was entitled to reach it without making a judgement about the strength of the criminal case against Fallon.
Reacting last night to the court proceedings, Paul Struthers, HRA public relations manager, said: "Skeleton submissions from Kieren Fallon's legal team stated that, if he lost his retainer with Coolmore as a result of being prevented from riding in Britain, the consequences would be `disastrous' to the extent that his children would have to leave their schools and both they and their mother would have to leave the matrimonial home.
"We submitted that we did not accept all of the claimant's submissions on the impact of the prohibition and that `it is important that the factual position is presented fairly and not overstated, as it has been in certain important respects' to the HRA's initial panel, Appeal Board and in the skeleton arguments in support of the claim.
"During questioning by Mr Justice Davis, David Pannick QC conceded that the submissions on the financial consequences of the ban had indeed been overstated and drew back from what had been said in their skeleton argument."
More from the Racing Post 28th July
KIEREN FALLON has failed in a High Court challenge to a Horseracing Regulatory Authority ban which prevents him riding in Britain.
Fallon, 41, was suspended from riding in Britain by the HRA earlier this month until the conclusion of his trial on criminal charges of conspiracy to defraud.
The six-time champion condemned that decision, and that of the HRA's appeal board to uphold it, as unfair and unreasonable.
However, a High Court verdict has now upheld the HRA decision to prevent Fallon from riding in Britain.
Fallon, who is still licensed to ride in Ireland, misses out on partnering King George VI And Queen Elizabeth Diamond Stakes favourite Hurricane Run at Ascot on Saturday as a consequence.
A judge in London refused to grant Fallon an injunction lifting the ban and sending the caseback to the HRA for re-hearing.
Fallon did not seek leave to appeal against Mr Justice Davis's decision.
Lawyers for the Irish rider argued that the HRA panel and an appeal board which upheld its ruling had acted unfairly and disproportionately in depriving him of the ability to earn a living in Britain when no charges had yet been proved against him.
Moreover, they claimed he was also entitled to the presumption of innocence.
Fallon was charged earlier this month along with 10 others, including fellow jockeys Darren Williams and Fergal Lynch, in relation to the City of London police investigation into alleged race-fixing.
All deny any wrongdoing.
The judge said Fallon would not face trial until the end of next year - although a submission of"no case to answer" was likely at the end of this year.
Fallon complained that the special panel of the HRA wrongly refused to look at evidence on which the Crown Prosecution Service relied, or to hear submissions that the evidence showed the weakness of the case against him.
The jockey insisted that, if the panel members had viewed the video tape evidence of the races involved in the prosecution, they would have been satisfied that he had done his best to win those races.
It was also argued that they should have read transcripts of police interviews.
The judge said the charges against Fallon were grave and it had rightly been said that, if proved, the case would "strike at the heart of racing".
The panel and the appeal board had to balance theneed to maintain the integrity of the sport against the interests of the individual jockey.
They were right in their refusal to examine the evidence which, the judge said, had been "cherry-picked" by Fallon's legal advisers from a wider rangeof material in order to show the weakness of the CPS case.
They were, in effect, being invited to second-guess the CPS and conduct a mini-trial in advance of the criminal proceedings.
The judge said some of Fallon's arguments that the ban was disproportionate had been overstated.
His claim that it would effectively end his career as a leading jockey was not supported by any evidence.
Nor was the argument that Fallon and those dependent on him - to whom he was said to have commitments of more than£200,000 a year - faced relative destitution.
The judge agreed that to prevent Fallon from "plying his trade and earning a living" in Britain was a serious matter.
But the panel and the board were entitled to reach the conclusion that racing might suffer damage in the perception of the public if Fallon were allowed to continue riding while facing fraud charges.
Edward Craig, partner at Charles Russell solicitors, lawyers for the HRA, said in a statement outside court: "The HRA has dealt with this matter through a proper process that has been subject to the scrutiny of the High Court and been upheld.
"The HRA welcomes this verdict."
Ian Burton, of Fallon's solicitors BCL Burton Copeland, said: "My client is understandably disappointed with the outcome of his efforts to have his suspension from riding in the UK lifted pending a trial in 18 months' time.
"We are not seeking leave to appeal and our focus will be on defending the ill-founded charges
KIEREN FALLON has failed in a High Court challenge to a Horseracing Regulatory Authority ban which prevents him riding in Britain.
Fallon, 41, was suspended from riding in Britain by the HRA earlier this month until the conclusion of his trial on criminal charges of conspiracy to defraud.
The six-time champion condemned that decision, and that of the HRA's appeal board to uphold it, as unfair and unreasonable.
However, a High Court verdict has now upheld the HRA decision to prevent Fallon from riding in Britain.
Fallon, who is still licensed to ride in Ireland, misses out on partnering King George VI And Queen Elizabeth Diamond Stakes favourite Hurricane Run at Ascot on Saturday as a consequence.
A judge in London refused to grant Fallon an injunction lifting the ban and sending the caseback to the HRA for re-hearing.
Fallon did not seek leave to appeal against Mr Justice Davis's decision.
Lawyers for the Irish rider argued that the HRA panel and an appeal board which upheld its ruling had acted unfairly and disproportionately in depriving him of the ability to earn a living in Britain when no charges had yet been proved against him.
Moreover, they claimed he was also entitled to the presumption of innocence.
Fallon was charged earlier this month along with 10 others, including fellow jockeys Darren Williams and Fergal Lynch, in relation to the City of London police investigation into alleged race-fixing.
All deny any wrongdoing.
The judge said Fallon would not face trial until the end of next year - although a submission of"no case to answer" was likely at the end of this year.
Fallon complained that the special panel of the HRA wrongly refused to look at evidence on which the Crown Prosecution Service relied, or to hear submissions that the evidence showed the weakness of the case against him.
The jockey insisted that, if the panel members had viewed the video tape evidence of the races involved in the prosecution, they would have been satisfied that he had done his best to win those races.
It was also argued that they should have read transcripts of police interviews.
The judge said the charges against Fallon were grave and it had rightly been said that, if proved, the case would "strike at the heart of racing".
The panel and the appeal board had to balance theneed to maintain the integrity of the sport against the interests of the individual jockey.
They were right in their refusal to examine the evidence which, the judge said, had been "cherry-picked" by Fallon's legal advisers from a wider rangeof material in order to show the weakness of the CPS case.
They were, in effect, being invited to second-guess the CPS and conduct a mini-trial in advance of the criminal proceedings.
The judge said some of Fallon's arguments that the ban was disproportionate had been overstated.
His claim that it would effectively end his career as a leading jockey was not supported by any evidence.
Nor was the argument that Fallon and those dependent on him - to whom he was said to have commitments of more than£200,000 a year - faced relative destitution.
The judge agreed that to prevent Fallon from "plying his trade and earning a living" in Britain was a serious matter.
But the panel and the board were entitled to reach the conclusion that racing might suffer damage in the perception of the public if Fallon were allowed to continue riding while facing fraud charges.
Edward Craig, partner at Charles Russell solicitors, lawyers for the HRA, said in a statement outside court: "The HRA has dealt with this matter through a proper process that has been subject to the scrutiny of the High Court and been upheld.
"The HRA welcomes this verdict."
Ian Burton, of Fallon's solicitors BCL Burton Copeland, said: "My client is understandably disappointed with the outcome of his efforts to have his suspension from riding in the UK lifted pending a trial in 18 months' time.
"We are not seeking leave to appeal and our focus will be on defending the ill-founded charges
Pierre,
As I predicted in my previous post the judge had no jurisdiction in this case of a " private club" except to see that a proper process had been observed. The HRA had a high court judge as their panel Chairman and he went to great length ( 20 pages) in the panel's deliberations to show a proper process was in place.
Trust me - if Fallon is swiftly found not guilty because the videotapes do not (beyond reasonable doubt) show the horse has been prevented from running on its merits, ie there is no conspiracy to defraud Betfair in those races at least, - then the fact that Fallon will by then have lost his 1 million retainer and 10% of winnings on any AP Obrian horse running outside Ireland will be the basis of a massive and successful compensation claim and the media will subsequently crucify the HRA as in the past they crucified the Jockey Club. The Police will rightly get off scot free because they only offered evidence to the CPS. The CPS will get off scot free because thay will rightly say "such serious cases deserve a hearing" when there was prima facie evidence of possible corruption. The HRA should not of put themselves in the firing line by suspending these jockeys - they should have waited for the verdicts like the rest of us.
________
Duratec engine
As I predicted in my previous post the judge had no jurisdiction in this case of a " private club" except to see that a proper process had been observed. The HRA had a high court judge as their panel Chairman and he went to great length ( 20 pages) in the panel's deliberations to show a proper process was in place.
Trust me - if Fallon is swiftly found not guilty because the videotapes do not (beyond reasonable doubt) show the horse has been prevented from running on its merits, ie there is no conspiracy to defraud Betfair in those races at least, - then the fact that Fallon will by then have lost his 1 million retainer and 10% of winnings on any AP Obrian horse running outside Ireland will be the basis of a massive and successful compensation claim and the media will subsequently crucify the HRA as in the past they crucified the Jockey Club. The Police will rightly get off scot free because they only offered evidence to the CPS. The CPS will get off scot free because thay will rightly say "such serious cases deserve a hearing" when there was prima facie evidence of possible corruption. The HRA should not of put themselves in the firing line by suspending these jockeys - they should have waited for the verdicts like the rest of us.
________
Duratec engine
Last edited by Galejade on Thu Feb 03, 2011 12:43 am, edited 1 time in total.
Galejade: they should have suspended the jockeys for bringing racing into disrepute then they would have nothing to answer for....there would be no argument and they wouldn't have had to have been found guilty.
Graham Bradley had his livelihood destroyed by the JC and he wasn't a licensed person...and he failed through the judicial system to get the decision overturned.
The other interesting point is that Fallon is not licensed by the HRA.
It's a mess typical of the sport.
Graham Bradley had his livelihood destroyed by the JC and he wasn't a licensed person...and he failed through the judicial system to get the decision overturned.
The other interesting point is that Fallon is not licensed by the HRA.
It's a mess typical of the sport.
Jersey Evening Post
HORSE RACING: THE Jersey Race Club are hoping that Kieren Fallon, banned from riding in England following a police charge in a race-fixing case, will compete at Les Landes on either 13 or 28 August.
Leading trainer, and a friend of Fallon, one of the UK's top jockeys, Joan Le Brocq, said: 'As long as he can race under his Irish licence there's no problem with him racing here in Jersey, although if they take that licence away, there will be a problem.
'If he does race in Jersey, it's more likely that it will be on Sunday (13 August) as I'd expect him to have more racing opportunities on the Bank Holiday Monday. We are hoping he'll race here, but at the moment we just don't know.'
On behalf of the Jersey Race Club Josephine Reed echoed Le Brocq's words saying: 'If he were to come over, it would be tremendous for racing.
Interesting as Jersey racing is licensed by the Jockey Club of GB
HORSE RACING: THE Jersey Race Club are hoping that Kieren Fallon, banned from riding in England following a police charge in a race-fixing case, will compete at Les Landes on either 13 or 28 August.
Leading trainer, and a friend of Fallon, one of the UK's top jockeys, Joan Le Brocq, said: 'As long as he can race under his Irish licence there's no problem with him racing here in Jersey, although if they take that licence away, there will be a problem.
'If he does race in Jersey, it's more likely that it will be on Sunday (13 August) as I'd expect him to have more racing opportunities on the Bank Holiday Monday. We are hoping he'll race here, but at the moment we just don't know.'
On behalf of the Jersey Race Club Josephine Reed echoed Le Brocq's words saying: 'If he were to come over, it would be tremendous for racing.
Interesting as Jersey racing is licensed by the Jockey Club of GB
The Times August 10, 2006
Racing diary
Winston stung by corruption charges
By Alan Lee
THE turbulent career of Robert Winston has taken another depressing twist. Diary can reveal that the talented but ill-fated Irishman is one of four jockeys who yesterday received letters from the Horseracing Regulatory Authority (HRA), advising them they face a variety of charges under racing’s anti-corruption rules.
It is understood that Winston — fortunate to escape serious injury in a three-horse pile-up at Pontefract yesterday — has been charged, along with Robbie Fitzpatrick, Fran Ferris and Luke Fletcher, over a series of races, mostly dating back two years or more. HRA sources indicated last night that details of the alleged offences will be issued in the next few days and that yet another corruption case, this time involving several northern-based Flat jockeys, will follow within the next month.
Fletcher has not ridden since last November but both Ferris and Fitzpatrick were in action yesterday. Winston, however, is much the biggest name in this latest case and for all his ability, so widely acknowledged that he is a contender to be Sir Michael Stoute’s next stable jockey, he seems unable to achieve a period of stability in his life.
Having conquered self-confessed drink problems, his title pursuit last season was ended by serious facial injuries and his comeback, this summer, was marred by a 28-day ban for losing a race by easing down.
While suspended, he was released by the City of London police from race-fixing inquiries that led to Kieren Fallon, among others, being charged. It was this that prompted a response from him yesterday.
Winston said: “I am shocked to receive these charges, because the police have done a complete investigation of these races, looking at my phone records and bank statements, and they have found no grounds to proceed against me. I completely deny any wrongdoing.” Fitzpatrick, through his solicitor, also denied any wrongdoing yesterday.
With 100 winners this season, and a place in Great Britain’s Shergar Cup team at Ascot on Saturday, Winston was just starting to enjoy the sunnier side of racing again. Now, he faces the need to clear his name to save his career from a potentially terminal blow.
Racing diary
Winston stung by corruption charges
By Alan Lee
THE turbulent career of Robert Winston has taken another depressing twist. Diary can reveal that the talented but ill-fated Irishman is one of four jockeys who yesterday received letters from the Horseracing Regulatory Authority (HRA), advising them they face a variety of charges under racing’s anti-corruption rules.
It is understood that Winston — fortunate to escape serious injury in a three-horse pile-up at Pontefract yesterday — has been charged, along with Robbie Fitzpatrick, Fran Ferris and Luke Fletcher, over a series of races, mostly dating back two years or more. HRA sources indicated last night that details of the alleged offences will be issued in the next few days and that yet another corruption case, this time involving several northern-based Flat jockeys, will follow within the next month.
Fletcher has not ridden since last November but both Ferris and Fitzpatrick were in action yesterday. Winston, however, is much the biggest name in this latest case and for all his ability, so widely acknowledged that he is a contender to be Sir Michael Stoute’s next stable jockey, he seems unable to achieve a period of stability in his life.
Having conquered self-confessed drink problems, his title pursuit last season was ended by serious facial injuries and his comeback, this summer, was marred by a 28-day ban for losing a race by easing down.
While suspended, he was released by the City of London police from race-fixing inquiries that led to Kieren Fallon, among others, being charged. It was this that prompted a response from him yesterday.
Winston said: “I am shocked to receive these charges, because the police have done a complete investigation of these races, looking at my phone records and bank statements, and they have found no grounds to proceed against me. I completely deny any wrongdoing.” Fitzpatrick, through his solicitor, also denied any wrongdoing yesterday.
With 100 winners this season, and a place in Great Britain’s Shergar Cup team at Ascot on Saturday, Winston was just starting to enjoy the sunnier side of racing again. Now, he faces the need to clear his name to save his career from a potentially terminal blow.
hi Pierre LP...hello Galejade...hello all
Are you surprised that an Illinois (USA) Racing Board denied Kieren Fallon a license on Wednesday...and that he was further denied a temporary restraining order (on Thursday) by a Circuit Court Judge?
Clearly the Wednesday and Thursday rulings dashed all hopes that he would ride Ace in Arlington Park's premier race, the G1-Arlington Million...and Ivan Denisovich in the Secretariat.
A click on the following article title
Fallon denied by a Chicago judge should retrieve the Daily Racing Form article.
Thoughts?
Respectfully
Are you surprised that an Illinois (USA) Racing Board denied Kieren Fallon a license on Wednesday...and that he was further denied a temporary restraining order (on Thursday) by a Circuit Court Judge?
Clearly the Wednesday and Thursday rulings dashed all hopes that he would ride Ace in Arlington Park's premier race, the G1-Arlington Million...and Ivan Denisovich in the Secretariat.
A click on the following article title
Fallon denied by a Chicago judge should retrieve the Daily Racing Form article.
Thoughts?
Respectfully