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Racing News |
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13/07/06
The Appeal Board of the Horseracing Regulatory Authority (HRA) on 12th and 13th July 2006 considered an appeal by Kieren Fallon, the holder of a Flat Race Jockey's Licence issued by the Irish Turf Club, against the decision of a Special Panel of the HRA (the 'Panel') to make an order under Rule 1 (A) (xxv) prohibiting him from riding in races in Great Britain until the conclusion of the criminal proceedings against him or further order.
The appellant's grounds for appeal were that:
1) 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.
2) The Panel erred in law in declining to take into account any evidence
and/or submissions on behalf of the Appellant in respect of the underlying
criminal charges which were the basis for the HRA's decision to prohibit
him.
On 3rd July 2006, Kieren Fallon was charged by the City of London Police,
along with fellow jockeys Fergal Lynch and Darren Williams, with conspiracy
to defraud.
Consequent to the conditions placed on the licences of Lynch and Williams,
their jockeys' licences immediately expired and it fell to them to make
applications for the HRA to reissue them. Kieren Fallon is licensed in
Ireland (which would normally permit him to ride in Great
Britain) and the HRA had to consider whether, in the light of the charges
made against him, it should prohibit him from riding in races in Great
Britain until the conclusion of his trial - a right afforded by Rule
1 (A) (xxv).
The Board received the Panel's Decision 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 Appeal is dismissed.
The Board was asked by Kieren Fallon's representatives to provide written
reasons for its decision and will produce these as soon as possible.
The Board's decision on all questions of costs or deposit is reserved.
Sir Roger Buckley - Independent Appeal Board Chairman, The Viscount
Allendale, Christopher Hall
Statement on behalf of Kieren Fallon
"I am deeply disappointed by the refusal of the HRA to overturn my suspension from riding in the UK. I will now 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 that I love. Until I have the chance to prove my innocence in court, it is grossly unfair that I am being denied a living in Britain."
