Racing: Jockey Kieren Fallon will find out tomorrow if a High Court challenge to his riding ban in Britain has been successful.
Earlier this month, the six-times champion (41) was suspended from riding in Britain by the Horseracing Regulatory Authority (HRA) until the conclusion of his trial on criminal charges of conspiracy to defraud or until further order.
The six-time champion says that decision - and that of the HRA's appeal board to uphold it - is unfair and unreasonable.
The financial consequences for Fallon and his dependents will be disastrous if the ban is upheld, the High Court heard on Thursday.
His counsel, David Pannick QC, told Mr Justice Davis in London: "Mr Fallon is entitled to put his case before he is suspended and before he suffers from the serious detriments that flow from that."
He said that Fallon was not young and was near the end of his career.
Prohibiting him from racing in the UK until the end of 2007 was effectively going to end his career as a leading jockey, as his prestigious retainer from Coolmore Stud and Ballydoyle Stables was unlikely to continue if he was suspended.
Coolmore Stud chiefs have made it clear that the reason they retained a jockey like Fallon was to ensure that he rode their horses in all races and in particular, the "big Group One races in England".
Being able to ride overseas was no substitute.
Mr Pannick said that if the ban was upheld, the financial consequences for Fallon and his dependents would be "disastrous".
Once he lost the Coolmore retainer, racing in Ireland would provide him with a very modest income as a freelance jockey, which would not meet his existing financial commitments to his dependents - which were in excess of £200,000 a year.
Those court orders could, of course, be varied, he said, but variation would mean Fallon's children would have to leave their schools and they and their mother would lose the matrimonial home because the jockey would not be able to keep up payments.
Opening Fallon's case for the ban to be declared unlawful and quashed, Mr Pannick said the HRA's decision to suspend him involved a "false start".
He said: "We say the panel was wrong in law to refuse to hear submissions and evidence from Fallon as to why he says the criminal case against him is very weak on the merits.
"We want to advance those arguments in private. We say that, before a decision is taken on suspension, the panel is obliged to hear what Fallon wants to say as an important factor in the weighing of the balance.
"In any event, the appeal board erred in law by concluding that to suspend Fallon was a proportionate sanction."
Mr Pannick said Fallon wanted to put before the HRA transcripts of police interviews with him and video evidence of the 18 races on which the prosecution relied in support of their case that, as part of the conspiracy, he did not ride the relevant horses on their merits.
He added that the jockey would suffer the punishment of the ban although he had not been found guilty of any offences and was entitled to be presumed innocent unless and until proved guilty.
He added: "Given the irreparable harm to Mr Fallon, there is a need for a strong over-riding factor justifying suspension and we say there is none."
Mr Pannick said it was not his purpose to address the merits or otherwise of the prosecution case.
He said: "I am not seeking to persuade you today - nor would it be appropriate to do so - that the substantive case against Kieren Fallon is weak. My complaint is that we have a right to be heard."
Although a sports regulatory authority was not a public body and subject to judicial review, it did have a legal obligation to comply with the same principles of fairness and reasonableness, he argued.
The hearing was adjourned until Friday when the judge will give his ruling. PA