Kieren Fallon will find out in London this morning if his High Court appeal against the ban that prohibits him from riding in Britain has been successful.
Brian O'Connor
A decision has been delayed from yesterday when Fallon's legal team argued that the Horseracing Regulatory Authority (HRA) suspension of the Irish rider is wrong in law and that the financial consequences of not lifting it would be "disastrous" for the six-time champion jockey.
Fallon's counsel, David Pannick QC, said the suspension, which rules the jockey out of riding in Britain until the outcome of a criminal trial into charges of conspiracy to defraud, would effectively end his career as the retained rider for Coolmore Stud as they need a jockey to ride in the Group One races.
A trial into the race-fixing scandal that has hung over British racing for almost two years is unlikely to take place before the end of 2007.
Fallon (41), can continue to ride in Ireland and elsewhere, but it was argued yesterday that the HRA refusal of his appeal earlier this month was unfair and unreasonable.
"Mr Fallon is entitled to put his case before he is suspended and before he suffers from the serious detriments that flow from that," Pannick argued.
He also said his client is not young and near the end of his career, while ruling him out of riding in Britain would leave him in a difficult financial position.
He said losing the Coolmore retainer would leave Fallon as a jobbing jockey with a very modest income which would not meet his financial commitments to dependants of up to £200,000 a year. Fallon's children would have to leave school and their mother would lose the matrimonial home as the repayments could not be maintained.
Pannick stressed that yesterday's hearing was not about any future criminal case but instead the decision of the HRA appeals board to not squash the suspension that keeps Fallon from riding in Britain.
"We say the panel was wrong in law to refuse submissions and evidence from Fallon as to why the criminal case against him is very weak," he said.
"The appeal board erred in law by concluding that to suspend Fallon was a proportionate sanction."
He added that the Co Clare-born jockey wanted to present transcripts of police interviews to the HRA appeal, and tapes of the 18 races which the prosecution relied upon in support of their case. It was argued that Fallon would suffer the punishment of a ban without being guilty of any offence and that he was entitled to a presumption of innocence until proven guilty.
The judge, Justice Davis, adjourned the case to 10.15 this morning when he will give his ruling. Fallon was not present in court yesterday.
If Fallon's appeal is unsuccessful, it could leave Ballydoyle trainer Aidan O'Brien looking for jockeys at Goodwood next week after he declared the trio of Ad Valorem, Aussie Rules and Arabian Prince for the Group One Sussex Stakes.
Fifteen horses remain in the mile feature and Ad Valorem, a Group One winner at Royal Ascot in the Queen Anne Stakes, could again face the unlucky runner-up Court Masterpiece, as well as the former Sussex winner Soviet Song, who will be reunited with her former jockey Johnny Murtagh.
At Wexford this evening, Murtagh will be in action aboard Rocknest Island in the claimer, but the 60-rated filly Sue Princesse could be a better option, while the Bellewstown runner-up Khatiman looks the most likely winner in the bumper.
