Fallon drugs shock: Jockey walks free but now faces a new ban

EXCLUSIVE By COLIN MACKENZIE

Last updated at 22:59 08 December 2007

Kieren Fallon walked

away from the Old Bailey a

free man yesterday after being

cleared of race-fixing charges

— and stepped straight into

another controversy over a

failed drug test.

Fallon, 42, has tested positive for a

banned substance after riding in

France this summer within weeks of reacquiring his riding licence which

was suspended for six months when

he tested positive at Chantilly in June

2006.

Sportsmail understands the French

authorities will not administer a suspension

until the B sample returns from the laboratories. But if it confirms

the A test result Fallon faces a

further 18 months on the sidelines.

With the collapse of the high-profile

trial, Fallon's 15-month British riding

ban ends, yet the sensation of a

second failed drug test in France

imperils his immediate future. The

six-time champion jockey's position

as the retained rider for Coolmore Stud and trainer Aidan O'Brien will

be put under severe pressure.

Fallon has had 29 rides in France

since June 10. But the failed test did

not occur at Longchamp's October

meeting where he won the Prix de

L'Arc de Triomphe on Dylan Thomas.

It occurred between June 10 and

September 9 when he rode 20

horses at Chantilly, Longchamp,

Saint-Cloud and Deauville.

Jump jockey Dean Gallagher was

banned for a further 18 months

when he failed a dope test for

cocaine for a second time in 2002.

A Coolmore spokesman said: 'We

are aware that the B sample has not

yet confirmed the test. It did not

occur at the Arc meeting.'

Mr Justice Forbes told the Old

Bailey jury that, following the

conclusion of the prosecution case,

there was no case to answer for the

defendants — Fallon, jockeys Darren

Williams and Fergal Lynch, Lynch's

brother Shaun, Philip Sherkle and

syndicate manager Miles Rodgers.

The case hinged on the evidence of

Australian stipendiary steward Ray

Murrihy, the expert witness used by

the prosecution to evaluate the 27

races under consideration. The

judge ruled he was not a credible

witness after he admitted a lack of

knowledge of British racing.

Speaking outside the Old Bailey

Fallon said: 'I am relieved and

delighted to have been found not

guilty. I have always said I have

never stopped a horse or fixed a

race. The court has confirmed what

we have always said — there was no

evidence against me.

'I am devastated at having lost a

year's racing at the top level at

possibly the most important time in

my career and I have missed out on

considerable income.'

Fallon's Coolmore bosses John

Magnier, Michael Tabor and Derrick

Smith said in a statement: 'We are

delighted the judge has agreed that

a decision of “no case to answer”

has been returned.

'However, we find it extremely sad

he was denied the right to display

his skills and earn a living in Britain

while this case was pending. A

jockey's riding career is short and

Kieren was cruelly disadvantaged

at the peak of his career.'

Fallon's solicitors, BCL Burton

Copeland, were critical of the

Crown Prosecution Service's

decision to pursue the case. They

also claim the jockey lost £1million

in earnings during the ban.

For the BHA, who were accused

during the trial of volunteering

£250,000 towards police costs of the

investigation (no money was paid

by them), PR Manager Paul

Struthers said: 'The BHA will review

evidence presented in the criminal

trial to determine if there have

been breaches of the rules of racing

requiring disciplinary action.'