‘There was a conspiracy between these defendants and other persons that races should be fixed'
by Paul Eacott
KIEREN FALLON was on Monday alleged to be part of a huge race-fixing conspiracy which staked more than £2 million but ended up making a loss of £278,000 after the six-time champion jockey won on five of the horses he was supposed to have stopped.
Fallon, along with former weighing-room colleagues Fergal Lynch and Darren Williams, were alleged to have agreed to ensure horses they were riding lost in 27 races between December 2002 and September 2004, the Old Bailey was told on Monday.
The prosecution alleged there was an agreement not to permit horses to run on their merits and that “riding practices would be used if necessary” to interfere with their running, in order for a number of Betfair accounts operated by professional gambler and former racing syndicate boss Miles Rodgers to profit.
The three jockeys, along with Rodgers, Lynch's brother Shaun, and Philip Sherkle, a barman from Tamworth in Staffordshire, all deny charges that they conspired to defraud by interfering with the running of horses to ensure they lost races, defrauding Betfair punters and others putting money on the races. Rodgers is also accused of concealing the proceeds of crime, a charge he also denies.
Jonathan Caplan QC, prosecuting in the case billed as Crown vs Rodgers and others, told the jury it would be invited to look at all the circumstances of the case and “at the pattern which we say clearly emerges from them”.
Caplan told the court that the betting was organised and conducted by Rodgers, who on racedays would have direct contact by mobile telephone with Fergal Lynch and Williams.
Fallon, however, was more cautious and Rodgers had indirect contact with him using an intermediary, Shaun Lynch, to a lesser extent Fergal Lynch, and latterly, Sherkle.
After Rodgers had been contacted by Fergal Lynch or Williams directly pre-race, or by Fallon indirectly via his intermediary, Rodgers would then begin to use the Betfair accounts to lay the horse in question, it wasalleged.
After Rodgers was arrested on September 1, 2004, a text message was found in a mobile phone belonging to him, which he received from Sherkle.
Sherkle had received a text from Fallon a minute before texting Rodgers on August 14, 2004, theday he rode Goodwood Spirit at an evening meeting at Goodwood.
The horse finished third, with Rodgers having laid it to win almost £30,000.
On other occasions, Rodgers staked over £100,000 on the Fallon-ridden Favour to win just over £12,000; on Romil Star, ridden by Williams, he wagered just over £92,000 to win just over £16,000; on CD Europe, ridden by Lynch, he wagered nearly £36,000 to win nearly £2,000.
These bets by Rodgers usually amounted to just over 50 per cent of the Betfair market.
The jury heard bugged conversations that Rodgers had in August 2004 with Fergal Lynch, Sherkle and others.
They were taken from bugs in Rodgers' Mercedes and in the car park of an Italian restaurant, Tiamo, which he owns in Penistone near Sheffield.
“It was from that car park that Rodgers would frequently make calls on his mobile when he did not wish to be overheard,” said Caplan.
The jury was also told how Racing New South Wales's chief steward Ray Murrihy had been asked to watch recordings of 27 races and expressed concern about 13 of them.
Although the defendants have firmly denied there was a plot, some agreed they had phoned each other for the innocent purpose of passing on tips or betting information.
Caplan told the court that Fallon had admitted discussing the prospects of his own rides with Fergal and Shaun Lynch, but claimed to be unaware they passed this information on to Rodgers.
He also said that Fallon had admitted giving some tips to Sherkle so that he could have his own “couple of quid” on them but he claimed he was completely unaware whether Sherkle passed these tips to Rodgers. Caplan said it was “inconceivable” that Fallon gave information to the Lynch brothers and to Sherkle and they all passed it on to Rodgers without him knowing.
Fallon rode in 17 of the races and it is alleged that his five wins between mid-May and mid-August 2004 cost the group £436,579, leading to a temporary fall-out between Fallon and Rodgers.
The wins included one on the Queen's horse, Daring Aim. This was said to have cost the conspiracy some £138,000.
The day after the race at Newmarket on July 23, 2004, there was an exchange of text messages between Fallon and Sherkle.
Fallon,the court heard, said: “They will take my licences off me if they drift like that last night. They are watching me.”
Caplan said there was no evidence that Fallon ever received any money or benefit from Rodgers or anyone else connected with the conspiracy. But it was the prosecution case that he held himself accountable for losses that cost the conspirators about half a million pounds.
“He would have to earn that money back for the conspirators by stopping horses before he would receive any benefit himself. The inference to be drawn is that he was clearly involved for reward,” Caplan said.
Evidence, it is alleged, showed Rodgers talking about some of those who had lost money laying bets on Fallon, saying they “were going to go and see” him. At one point Rodgers says: “He has left us all in the ######. We are all fucking sat here fucking short.”
He tells Sherkle, allegedly acting as intermediary for Fallon: “He's not playing with a full stack, is he?”
Fergal Lynch had ridden in six of the races and only lost the group money once by winning on Familiar Affair. He earned a net profit for the conspiracy of just over £5,000. It is alleged he won on the one occasion because he was “playing” three races for the conspirators in one day.
The court heard that Rodgers was “clearly upset” at the win, which lost him £43,000, and the jury was played a recording of a phone call before the third race, in which he tells Lynch: “You cannot make a mistake.”
The jury was also played a recording of a mobile phone call between Rodgers and Fergal Lynch, in which the former can be heard saying: “I can get money to you . . . Kim can pick money up and Kim can fetch it to you.”
Examinations of Fergal Lynch's cash withdrawals showed that he made no such withdrawals between August 26 2003 and January 6 2004 and only drew out about £3,000 in the first six months of 2004. When Rodgers was arrested, Lynch's bank details were found in his briefcase.
Darren Williams rode four of the races and won £55,000 for the plotters each time by losing, the court heard. Jurors were also shown surveillance footage of Williams emerging from a pub, the Bridge Inn Hotel at Walshford, in August 2004 with the former jockey Gavin Faulkner, following a meeting with Rodgers, with awhite envelope.
When he was arrested the next day, on September 1, £520 cash was found at his home, and a white envelope was stuffed under his mattress, the court heard.
The trial continues on Tuesday