Fallon walks free as case collapses

[Pedigree Ann]

After the prosecution ended its case, the judge told the jury there was no case to answer and ended the trial. In other words, the evidence wasn't there. Lots of inferences made, but nothing you could hang a proper case on. All the other jockeys were cleared as well.

[ShadowRoll]

I know it probably wasn't your intent, Ann, since the headline in one of the stories below uses these words, but it always annoys me when someone terms an acquittal as the defendant having "walked free" (and a win on demurrer is as much an acquittal as a verdict of "not guilty").

The system worked.

http://www.iht.com/articles/2007/12/...rts/horse7.php
http://www.timesonline.co.uk/tol/spo...cle3016703.ece

[Pedigree Ann]

Originally Posted by ShadowRoll

I know it probably wasn't your intent, Ann, since the headline in one of the stories below uses these words, but it always annoys me when someone terms an acquittal as the defendant having "walked free" (and a win on demurrer is as much an acquittal as a verdict of "not guilty").
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I was quoting the Racing Post story, that I was unable to copy and paste. Put up their headline and condensed the rest. One could intrepet it as meaning he is now free of the possibility of conviction hanging over his head.

[ALostTexan]

Just read about this. Seems like if the prosecution was going to try to prove that these guys stopped 27 horses, they would have some sort of case, but the defendents didn't even have to testify.

If that was the case, I think that Fallon should have a case to sue for this. At least in the US he would, anyway...

[hi_im_god]

Originally Posted by ALostTexan

Just read about this. Seems like if the prosecution was going to try to prove that these guys stopped 27 horses, they would have some sort of case, but the defendents didn't even have to testify.

If that was the case, I think that Fallon should have a case to sue for this. At least in the US he would, anyway...

"If that was the case, I think that Fallon should have a case to sue for this. At least in the US he would, anyway..."

no he wouldn't.

no. no. no. no. no.
















okay.

so if a government entity gives you permission to bring a civil action against them you could do that.

theoretically.

in a universe where prosecuters admit they brought a case to court in bad faith.

and want to get sued.

sovereign immunity is alive and well. you still can't sue the king without his permission.

[Pedigree Ann]

But he may well have a case against the British Horseracing Board, which suspended him for more than a year for being charged, not convicted, thus depriving him of the opportunity to ply his trade in Britain. He remained licensed in Ireland and France and rode without any accusations of pulling horses in those jurisdictions.

It is telling that the prosecution couldn't get a UK racing authority to testify that horses were being pulled in the questioned races, but had to import one from Australia, who admitted in court that he knew nothing about UK racing rules. They showed one of the 'evidence' races, wherein Fallon took his horse off to a long lead, looked to have the race in the bag late on and did a bit of grandstanding, only to be nipped at the wire. A bonehead move, a bad ride, but nothing us racefans haven't seen before. At least he apologised after the race.

[ALostTexan]

I would say his 'creditability' has taken a hit today, though.

Fallon Positive for Cocaine

I really hope he can get his stuff together. Great jockey, but as many messes as P. Val...

[goingtothewhip]

LoL. My boy charlie indeed.


Kidding aside, its troubling that he couldn't pass a test when im sure he knew he might be tested and the short time table that you can test pos for Coke. Its 3 days at best. Given the fast metabolism that I would think is essential for being a jockey... he made a very poor choice.