FALLON BANNED FROM EPSOM DERBY
Pat Smullen will be aboard Recital in Saturday afternoon's Investec Derby at Epsom after the Court of Appeal overturned an earlier ruling allowing Kieren Fallon to take part.
Fallon was due to ride the Aidan O'Brien-trained colt at Epsom but will miss out after Lord Justice Jackson and Lord Justice Elias reversed a decision made by a High Court judge on Friday not to grant an injunction stopping him from riding in the Classic.
The order was sought by Ibrahim Araci, the owner of Native Khan, to prevent Fallon riding Recital.
Mr Araci brought his action over claims that Fallon had broken a "promise" to ride Native Khan and argued that, under the terms of a retainer agreement, he should not be allowed to ride any other horse in the race.
Fallon denied breach of contract and said there had been an "innocent misunderstanding".
However, in his ruling, Lord Justice Jackson said the status of Fallon did not allow him to avoid the law.
"There is nothing special about the world of racing which entitles the major players to act in flagrant breach of contract," he said.
He described the injunction as a "grievous blow to the defendant (Fallon)" but said it was his own fault.
"The defendant has brought this present predicament by himself."
One of the reasons Lord Justice Jackson gave for overturning the decision by Mr Justice MacDuff, was that the possible payment of damages by Fallon would not provide an "adequate remedy" in lieu of an injunction.
He said that the jockey would risk paying damages for two separate breaches of contract, both not riding Native Khan and riding a competitor.
The High Court ruling took into account that it would be difficult for the owners of Recital to find a replacement jockey of Fallon's stature at such a late stage.
But Lord Justice Jackson said it was "unrealistic" that urgent inquiries had not already been made to find an alternative.
"It should be noted that the claimant faced precisely the same problem earlier this week," he said.
He went on to describe the consideration of the impact on the betting public who had placed wagers on Recital as "not a good point" because there is always a chance of a jockey pulling out of a race through injury.
The judge added that he would "unhesitatingly refuse an injunction" if it would mean the Derby would not take place, because it is a "major national event".
But he said that while the ruling was unfortunate, it "doesn't materially retract from the event as a whole".
Mr Araci was said to be "thrilled" by today's decision to grant an injunction.
His lawyer, Mehmet Erdogan, said: "He's thrilled. He always trusted the British legal system, that's why as a foreigner he invested in this country.
"He believed that justice would never go wrong in the UK."
Mr Erdogan said that Fallon had "deliberately and cynically"' breached a contract.
"Five days before the race, surprisingly and shockingly, he informed our client that he would not be running our client's horse, but riding a competitor's horse.
"That was breach of contract," he said.
He added that it was "unlikely" the jockey would ride a horse owned by Mr Araci in the future.
While Fallon will be in action in three other races on the card, he will have to watch the main event from the jockeys' room.
"Kieren is obviously disappointed and very sorry not to be riding in the Derby this afternoon," said Fallon's solicitor Christopher Stewart-Moore.
"He wishes the owner of Native Khan the very best of luck and hopes that Pat Smullen has a good ride on Recital too."
Fallon looked set to be reacquainted with the Ed Dunlop-trained Native Khan in the Derby after riding him in a piece of work at Epsom last week.
But on Monday it was announced he would partner Recital, whom he rode to win the Derrinstown Stud Derby Trial at Leopardstown.
Johnny Murtagh was then handed the ride on Native Khan and trainer Dunlop is more than happy with his replacement.
"I've stayed well out of it, it hasn't really been my decision but a contract was signed in my office and therefore for the last three and a half weeks, I've presumed Kieren was riding my horse and was obviously surprised when he wasn't," he told BBC Radio 5 Live.
"The Aracis have got what they wanted and we're very happy to have Johnny Murtagh, particularly after seeing him ride so well yesterday (when winning the Oaks).
“My job now is to concentrate on the horse.It's not my job to say right or wrong things about Kieren in this one instance.He's ridden Breeders' Cup winners for me and an Oaks winner here for me on Ouija Board - we've had some wonderful days in the past. It's an unfortunate situation, that's the best way I can say it."
Courtesy: www.sportinglife.com
