Kieren Fallon

Prosecution witness admits to ‘misleading' statement

by Paul Eacott


THE opening witness called for the prosecution in the race-fixing trial involving Kieren Fallon and five other men at the Old Bailey on Thursday admitted that part of the statement he gave to police was “downright misleading”.

David O'Reilly, Betfair's legal adviser, returned to the witness box for cross-examination in the delayed afternoon session after earlier telling the court that the accounts controlled by Miles Rodgers were responsible for more than 40 per cent of all lay bets on the horses in question on the exchange in 17 out of the 27 suspect races.

O'Reilly had also said that accounts believed to be operated by Rodgers matched more than 60 per cent of all lay bets on four horses in the races in question – including when Rodgers' own horseLegal Set was beaten at Lingfield on December 30, 2002, the first race under suspicion.

He had told Court 12 that the betting activity on the Rodgers-controlled accounts was responsible for dramatic pre-race drifts on a number of occasions, but later had to admit that this had been misleading as the data supplied to the court for eight of the races had included bets placed in running.

In the statement he gave to police, O'Reilly had said Levitator had been a “good” example of a drifter when he finished second under Fallon at Leicester on June 14, 2004, but under questioning on Thursday admitted he eased only from 13-2 to 8-1 on the exchange before the off, with the highest prices matched by the Rodgers-controlled Betfair accounts of 11-1 coming in running.

Peter Kelson QC, representing Rodgers, said to O'Reilly: “You gave assurances in your statement that Levitator was a good example of drifting, but, in fact, that is not a good example. Would you accept it's downright misleading?”

“Yes, I would accept that,” responded O'Reilly.

The court also heard how only 1.83 per cent – £37.02 – of the money matched by the Rodgers accounts on Cd Europe on February 18, 2003 came at a top price of more than 28-1 (29.14), with the remainder coming at much lower prices. O'Reilly had not mentioned the Cd Europe race in his original statement, it was claimed, and it appeared only in his second statement, dated March 10, 2005, at the request of investigating officers from City of London police.
Earlier, O'Reilly had told the court that Rodgers had held an account with Betfair – and was thought to be using 12 other names – in December 2002. The account registered in the name of his then partner Joanne Richardson was in the top one per cent of Betfair users in volume terms.

O'Reilly said the accounts “frequently bet quite heavily on the same horse in the same race”.

He added: “Nine or ten of these accounts were registered in the Sheffield area. Some were accessed from the same computer and four used the same password.”

He said that the accounts were “generally taking the strong position against the one horse – that that horse will lose”.

This, however, was another claim that was refuted by Kelson, who later told the court that when Rodgers laid the Darren Williams-ridden Chispa to win £1,260 when he finished third at Newcastle on March 24, 2003, he also backed Legal Set, the 5-2 favourite who was ridden by Fergal Lynch and finished second, for £1,750, so in fact lost £490 on the race with Betfair.

The court also heard how Rodgers placed six bets on the phone using the account registered to Richardson, and was never challenged as to why somebody who was evidently male was betting on an account registered to a female. O'Reilly added that this “is something we have subsequently changed”.

Rodgers, who also faces charges under the Proceeds of Crime Act, Fallon, Lynch, Williams and two other men, Shaun Lynch and Philip Sherkle, deny all charges against them.

The case continues on Friday.
 
Not a good day for Betfair yesterday:


First witness in Fallon trial forced into U-turn

· Betfair evidence attacked as 'downright misleading'
· Rodgers placed phone bets in name of girlfriend

Chris Cook
Friday October 12, 2007
Guardian Unlimited


The prosecution's first witness in the conspiracy trial of Kieren Fallon and five others was yesterday forced to concede that he had given misleading evidence. The admission came from David O'Reilly, legal counsel for the internet betting exchange Betfair, as the court heard its first full day of evidence.
Fallon and his co-defendants are charged with conspiracy to defraud punters in relation to 27 races, which all six deny.

In a statement presented to the court, O'Reilly had referred to Levitator, on whom Fallon was beaten at Warwick in June 2004, as "a good example of a drifter" in Betfair's pre-race market.

Data supplied by Betfair showed that the accounts allegedly controlled by the defendant Miles Rodgers had laid Levitator from 7-1 up to 11-1. The prosecution contend that Rodgers' willingness to offer high odds about certain horses showed a confidence about the outcome that was not shared by the rest of the market.
Under cross-examination from Peter Kelson QC, representing Rodgers, O'Reilly was led to the realisation that the Betfair data included bets made after the start of the race, and that Rodgers had not taken bets on Levitator at higher than 8-1 before the 'off'.

Kelson then referred O'Reilly to a Betfair advert, claiming that the firm offered 20% better odds than bookmakers, and pointed out that 8-1 is only 23% higher than Levitator's starting price of 13-2.

"Will you now accept that the assertion in your statement is inaccurate and that in fact this was not a good example at all? In fact it is, regretfully, downright misleading," Kelson said.

"Yes, unintentionally so," conceded O'Reilly, as Kelson claimed that the Betfair data relating to eight of the 27 races had been "corrupted" by the inclusion of in-running bets.

Several spirited exchanges between O'Reilly and Kelson enlivened the court on a day when there was much technical and detailed evidence relating to betting activity.

O'Reilly having asserted that Rodgers had generally confined his betting activity to one particular horse in the 27 races, Kelson referred him to one of the races, at Newcastle in March 2003. The accounts said to be controlled by Rodgers had made £1,260 through laying, ie taking bets on, Chispa, the mount of defendant Darren Williams, but lost £1,750 through a back bet on Legal Set, ridden by defendant Fergal Lynch.

"So the net result for Miles Rodgers is that, by choosing as he did not to lay the horses ridden by both of his co-accused, he has sustained a net loss of £490," Kelson said.

Rodgers had nonetheless made a net profit of over £180,000 from all his activity on Betfair over the indictment period December 2002 to September 2004, the court heard, and Kelson wanted to know how many Betfair account-holders would be able to say the same.

"Probably 10-15%," said O'Reilly. "It's not a number we need to have control of. We take our commission, whoever wins and loses."

Later, O'Reilly confirmed that Rodgers bet so heavily through the account held in the name of his girlfriend, Joanne Richardson, who is not accused, that it was among the top 1% of Betfair accounts by volume of trading.

Attacking Betfair's security procedures, Kelson pointed out that Rodgers had been able to place bets through Richardson's account by telephone. "How does this work?" he asked. "He's not putting on a high voice, he's using a male voice."

O'Reilly conceded that male punters would now be challenged when attempting to place bets through an account held in a woman's name, but countered: "He obviously had the security details of the account."

He told the court that the 'Rodgers' accounts had dominated Betfair's markets in relation to the 27 races, commonly accounting for around 50% of the lay market in relation to a particular horse each time.

At another point, Kelson raised the name of a high-profile, high-staking punter who has never been connected with the case. "Have Betfair ever extended a £1m credit line to Harry Findlay?" he asked, without offering any explanation for the question. "If they have, I am not aware of it," replied O'Reilly.

Earlier, an unexpected threat to the proceedings had emerged as the judge, Mr Justice Forbes, apologised to the jury for the temperature in court, over which court personnel appear to have something less than total control. Referring to conditions being by turns "roasting and freezing", Mr Forbes said: "I will not hesitate to suspend the sittings if the temperature remains unacceptable for any length of time."

The trial continues today.
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Latest from the RP:

Security chief denies making Fallon claim
by John-Paul Ford Rojas and Martin Kelly

THE head of security for British horseracing on Monday denied making a drunken claim that he was out to get Kieren Fallon if it was the "last thing" he did.
Paul Scotney was giving evidence at the race-fixing trial of Fallon and five other men accused of conspiring to throw 27 races as part of a £2.12 million betting scam.

Mr Scotney, head of security for the British Horseracing Authority, told the Old Bailey that information passed on from Betfair sparked the investigation.

He said that Miles Rodgers, the businessman accused of being at the centre of the conspiracy, had been brought to the attention of racing authorities in early 2003.

The authority, then known as the Jockey Club, had been alerted to unusual betting patterns following a race involving Legal Set the previous December.

Ridden by Darren Williams, one of three jockeys on trial, it lost the race. Rodgers had allegedly won money by betting on the horse to lose.

Mr Scotney described how Rodgers was "warned off" racing in March 2004 after a disciplinary panel ruled that he had laid two of his own horses - not alleged to be among the horses in the current case - to lose.

This was in breach of a ruling in September 2003 forbidding owners to "lay" their own horse.

MrScotney was cross-examined over his claims by Christopher Sallon QC, defending Shaun Lynch, who is in the dock alongside his brother, Fergal Lynch.

Mr Sallon asked Mr Scotney about a complaint made about him by trainer Alan Jarvis over an incident at asocial function in November 2006.

Mr Scotney, a former Metropolitan Police superintendent who took up his post at the Jockey Club in October 2003, said that he did not recall the meeting.
Mr Sallon put it to him: "At that meeting in 2006, which Mr Jarvis attended, you said quite audibly that you will get Kieren Fallon if this is the last thing you do?"
"I would not have said that," Mr Scotney replied.

"You possibly said it while you were drunk?" Mr Sallon asked.

"No, I would not have been drunk," replied Mr Scotney.

It is alleged that the six defendants were involved in a conspiracy with others between December 2002 and September 2004 to defraud Betfair customers and other punters.

Fallon, 42, formerly of Newmarket, Cambridgeshire, but now of Tipperary, Ireland, Fergal Lynch, 29, of Boroughbridge, North Yorkshire, and Darren Williams, 29, of Leyburn, North Yorkshire, deny the charges.

Shaun Lynch, 37, of Belfast, Rodgers, 38, of Silkstone, South Yorkshire, and Philip Sherkle, 42, of Tamworth, Staffordshire, also plead not guilty.

Rodgers also denies concealing the proceeds of crime. All the defendants are on bail.

The case was adjourned until Tuesday.
 
I am unsure what that has to do with the price of cabbage, JFT.

Having read all the evidence to date am I the only one thinks that if Fallons QC moved to have the charges dismissed due to lack of evidence he would be about 8/11?
 
Interesting...

Fallon jury dismissed for day after surprise development

by Bruce Jackson
.
THE jury in the race-fixing trial at the Old Bailey involving six-time champion jockey Kieren Fallon was dismissed for the day on Tuesday, after being asked one question and reminded about its duties following an unexpected development.

The court had not sat on either Friday or Monday, as both sides worked on final witness lists, but an issue that arose on Sunday resulted in prospective witnesses being stood down for the day on Tuesday.

The trial judge, Mr Justice Forbes, asked the jury: "Have any of you read anything this weekend in any newspaper or any other media about this case, or about any of these defendants, or has anyone brought any such matter to your attention since last Sunday?"

The response from all members of the jury was negative but, following another break, the judge reminded the jury of their duties before dismissing them for the day.

He also reminded the 12 individuals of his earlier direction that they "should not discuss this case with anyone outside your number”. Mr Justice Forbes added: "I would direct you not to seek out any articles on the internet.

"These can be wholly inaccurate, whether appearing to favour either the prosecution or the defence, and this is why it is critical you try this case onthe evidence you have heard in this court, and solely on that evidence.

"I hope you will see this as the further sensible precaution that it is, and I hope this remains a fair trial."

Kieren Fallon and fellow jockeys Fergal Lynch and Darren Williams, together with former owner Miles Rodgers, Shaun Lynch and Philip Sherkle all deny conspiracy to defraud Betfair customers.

Rodgers also denies concealing the proceeds of crime. The trial was adjourned until Wednesday.
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