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Lynch’s Plea-Bargain

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  • #12131
    Pompete
    Member
    • Total Posts 2391

    Now that we’ve all had time to reflect upon the ‘leniency’ of Fergal Lynch’s punishment as recommended by the BHA for:

    # Stopping horses knowing those horses will be layed for profit on Betfair.
    # Betting on horses
    # Providing inside information
    # Associating with a person known to be warned-off

    I’m still puzzled as we are aware such leniency cannot be justified on the grounds that Lynch openly and willing co-operated with the investigation from the outset.

    Therefore is it the case that in return for such leniency Lynch has provided the BHA with further information or evidence, beyond the limits of this case, to implicate others involved in corruption in racing – and those individuals or events are now being investigated – can the BHA’s helpful spokesperson confirm this and put all our minds at rest.

    Further, as it is my understanding that Lynch (only) undertook not to apply for a licence to ride in Britain (for 12 months) and that no formal agreement exists between himself and the BHA not to do so – on what grounds could a license be refused should he choose to return to Britain now his career at Philly Park has been put on hold?

    Sorry if this seems as if I’m going over old ground – perhaps we should let it all quietly go away as I’m sure the BHA would like – but I still cannot understand how Lynch was not banned. Also, unless we understand the circumstances of the plea-bargain I fear a dangerous precedent has been set.

    #240443
    Cav
    Participant
    • Total Posts 4825

    A 6 time champion jockey has had his life, his reputation and his livelihood destroyed for the 5 last years for using an unregistered mobile phone at a racecourse (a breach of regulations that can carry a fine of £500 for a first time offence) and for sharing a car lift for 10 minutes with a person he didn’t speak to during that journey (Rogers).

    The admitted horse stopper’s are told to come back in a year and feel free to clean up elsewhere, as long as it’s not in our back yard.

    Pity Fallon doesn’t take the BHA to the cleaners for what they’ve done to him. No organisation has ever deserved it more.

    #240447
    davidjohnson
    Member
    • Total Posts 4491

    All that conveniently forgets that Fallon was licenced by the Irish Turf Club and was permitted to ride under that licence and did so in his own jurisdiction. You also conveniently ignore that Fallon could have been riding in the UK since the trial collapsed were he not banned by the French authorities for taking drugs (again).

    Forgive me if I’m not quite as sympathetic to his case as you, when it is clear how close Fallon was sailing to the win regarding the rules of the passing of information for reward.

    #240448
    wit
    Participant
    • Total Posts 2165

    It also forgets that Fallon was treated by the Brit racing authorities exactly the same as every other jockey – ie suspended when a criminal case against him begins and de-suspended when the criminal case against him ends.

    Also forgets that Fallon did use all the avenues open to challenge that standard treatment.

    Reciprocal enforcement of the French dugs ban was automatic worldwide under international agreements.

    #240449
    Cav
    Participant
    • Total Posts 4825

    All that conveniently forgets that Fallon was licenced by the Irish Turf Club and was permitted to ride under that licence and did so in his own jurisdiction. You also conveniently ignore that Fallon could have been riding in the UK since the trial collapsed were he not banned by the French authorities for taking drugs (again).

    Forgive me if I’m not quite as sympathetic to his case as you, when it is clear how close Fallon was sailing to the win regarding the rules of the passing of information for reward.

    You’d want to do a bit more research on the effect the BHA case has had on the man before you make statements like DJ. As for the drugs….cause and effect and all that. Humans do stuff when their down, particulalry when they lose almost everything for no reason.

    Rules are very black and white, you break them or you don’t. So I dont understand where your coming from with the "sailing" remark. Probably don’t need to remind you the regulations governing inside information only came about in the first half of 2007, long after Fallon had last ridden on a UK racecourse.

    #240450
    Cav
    Participant
    • Total Posts 4825

    It also forgets that Fallon was treated by the Brit racing authorities exactly the same as every other jockey – ie suspended when a criminal case against him begins and de-suspended when the criminal case against him ends

    I’m not arguing about technicalities here Wit, you are correct. The disproportionate application of rules to individuals is what bothers me in this case.

    #240451
    Cav
    Participant
    • Total Posts 4825

    I get depressed at times, personal problems, financial problems etc but I have never taken drugs.

    Good for you. How can you apply that to everyone else though? Genetic science tells us there is a 300,000 (billion) / 1 chance that your parents 48 chromosomes will combine in exactly the same way twice. Wouldn’t be taking those odds that yourself and Fallon are exactly alike.

    Unless you know him how do you know what effect it has had on him?

    I do know him.

    Why blame the BHA?

    Because they instigated it.

    #240455
    Cav
    Participant
    • Total Posts 4825

    The BHA may have instigated it but it was City of London police who charged him and the CPS who took him to court.

    You asked me why I blamed the BHA, I told you.

    The City Of London Police took up the case after the BHA failed to peddle their "evidence" on Fallon to 2 other police forces, along with allegations of job offers and financial assistance to that police force (CLP)

    Dont want to go over all of this again, nor I suspect do too many other people on the forum. I have very strong feelings about what has been done to Fallon and how wrongly he has been treated. Punishments handed out to this weeks horse stoppers only strengthen that feeling.

    Lets leave it at that.

    #240456
    douginho
    Member
    • Total Posts 1046

    I get depressed at times, personal problems, financial problems etc but I have never taken drugs.

    Good for you. How can you apply that to everyone else though? Genetic science tells us there is a 300,000 (billion) / 1 chance that your parents 48 chromosomes will combine in exactly the same way twice. Wouldn’t be taking those odds that yourself and Fallon are exactly alike.

    Thats incorrect Cavalino. Mental health problems are far more widespread than 300,000,000,000/1!

    #240466
    kentdougal
    Participant
    • Total Posts 277

    Hi
    As far as I’m concerned any guilty of stopping a horse jockey ot trainer should be automatically warned off for life. No ifs no buts a life ban. The inside information thing I just don’t understand unless this information is about knowing a horse will be stopped (life ban again)I really can’t see what it’s all about. If it’s about a horse being ill then dealt with under running a horse when not fit.Any other information is just an opinion and I can’t see anything wrong with this particularly as these opinions often are not very good. The sentencing like the criminal justice system in this country just doesn’t add up

    #240481
    Silvoir
    Participant
    • Total Posts 270

    Pompete

    I’m still puzzled as we are aware such leniency cannot be justified on the grounds that Lynch openly and willing co-operated with the investigation from the outset. Therefore is it the case that in return for such leniency Lynch has provided the BHA with further information or evidence, beyond the limits of this case, to implicate others involved in corruption in racing – and those individuals or events are now being investigated – can the BHA’s helpful spokesperson confirm this and put all our minds at rest.

    That is not the case – he simply pleaded guilty to the offences as charged.

    Further, as it is my understanding that Lynch (only) undertook not to apply for a licence to ride in Britain (for 12 months) and that no formal agreement exists between himself and the BHA not to do so – on what grounds could a license be refused should he choose to return to Britain now his career at Philly Park has been put on hold?

    As I understand it, it’s an undertaking, not a contract. However, it formed part of the Plea Bargain (a formal agreement) so would make any plea bargain null and void. What would happen then I don’t know.

    Sorry if this seems as if I’m going over old ground – perhaps we should let it all quietly go away as I’m sure the BHA would like – but I still cannot understand how Lynch was not banned. Also, unless we understand the circumstances of the plea-bargain I fear a dangerous precedent has been set.

    It is difficult to understand (and I’m not being patronising) but I have explained this before on a previous thread. The entry point for the offence is 30 months, less 18 months suspended as time served (if he hadn’t been compensated), less a third for a guilty plea. Before you look at aggravating factors (Rodgers disqualified), you are looking therefore at 2 months. So with the aggravting factors you might be looking at 6 months to 12 months.

    Now he won’t be riding here for 12 months and was fined £50,000 – an outcome that’s not altogether different from what might have happened as a result of not entering into the plea bargain.

    The issue regards the leniency therefore is not the fact that a plea bargain took place, but that the penalties in place for the offence are inadequte. As we have said we will be looking to address that.

    #240482
    Silvoir
    Participant
    • Total Posts 270

    I get depressed at times, personal problems, financial problems etc but I have never taken drugs.

    Why blame the BHA?

    Because they instigated it.

    No, they didn’t. I have lost track of how many times I have said that Miles Rodgers was referred to the Police, not Kieren Fallon.

    #240489
    Pompete
    Member
    • Total Posts 2391

    Ok Silvoir, thanks for that.

    I’m still concerned how the whole business has been dealt with, but also understand fault cannot be blamed solely on the BHA.

    If the outcome of all this is that the BHA undertake to review the current penalties etc then at least something constructive may result from this whole sorry episode.

    http://www.britishhorseracing.com/goracing/blogs/images/Racestraight.jpg

    #240499
    Cav
    Participant
    • Total Posts 4825

    No, they didn’t. I have lost track of how many times I have said that Miles Rodgers was referred to the Police, not Kieren Fallon.

    Well that’s been the official BHA line since the day the case against Fallon was laughed out of court. We have no concrete proof of that however as the contents of the original file submitted by the then Jockey Club to The City of London Police has to my knowledge never been made public. It would make very interesting reading.

    I also recall Ben Gunn admitting at one stage that Fallon had been mentioned in that submission. There is also Scotney’s alleged remarks that would make a liar of Alan Jarvis.

    All water under the bridge now however. I sincerely hope the penalty for the next scumbags caught stopping racehorses will be severe, for the sake of the sport it needs to be.

    #240552
    Tom
    Member
    • Total Posts 205

    "As far as I’m concerned any guilty of stopping a horse jockey ot trainer should be automatically warned off for life"

    Is horse racing not based on horses winning races?

    Treat those who go against such a structure and the integrity of whole racing world crumples.

    I am not asking for capital punishment for this crime, just a sentence to fit the crime.

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