This sucks.... the ban was upheld.
From Sporting Life...
FALLON FAILS IN HIGH COURT CHALLENGE
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 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 in London today upheld the HRA decision.
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.
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 against Mr Fallon."
Mr Justice Davis refused to grant Fallon an injunction lifting the ban and sending the case back to the HRA for re-hearing.
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 entitled to the presumption of innocence.
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 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 the need 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 range of 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, who is still retained by the powerful Coolmore operation, 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."
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.
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