• Jockeys Fergal Lynch and Darren Williams, trainer Karl Burke and former owner Miles Rodgers charged

The British Horseracing Authority has concluded its review of the evidence obtained following the trial into alleged race-fixing at the Old Bailey. As a result of that review, and following interviews with the individuals concerned and taking legal advice, charges have been issued against jockeys Fergal Lynch and Darren Williams, trainer Karl Burke and former owner Miles Rodgers. The charges focus on lay betting activity on 12 races that took place in a 5 month period of 2004. The various accounts allegedly operated or controlled by Miles Rodgers risked over £800,000 on the 12 races and won over £87,000, despite one of the horses winning, losing the accounts over £40,000.

Fergal Lynch, Darren Williams and Karl Burke are charged, in relation to the races in which they took part as rider or trainer, with breaches of:

Rule 243 by communicating to Miles Rodgers for material reward, gift, favour or benefit in kind information that was not publicly available or provided for in Appendix N to the Rules (‘Inside Information’) about the Named Horse; or alternatively,
Rule 220(i) by aiding or abetting the commission (in breach of Rule 201(v)) of a corrupt and/or fraudulent practice by Mr Rodgers (namely laying the Named Horse in that race with the benefit of Inside Information relating to its prospects in the race) by communicating such information to Mr Rodgers knowing that, or being reckless as to whether, or contemplating as a real possibility that Mr Rodgers would use or enable someone else to use it for such a corrupt and/or fraudulent practice;

and, additionally

Rule 220(iv) by associating in connection with horseracing with Miles Rodgers, a person known to be disqualified since 2 April 2004, without the permission of the Stewards of the Jockey Club.

In addition to the above, Fergal Lynch is charged with breaches of:

Rule 157 or 158 in that he failed to ensure that BOND CITY ran on his merits;

Rule 244(a) in that he:
(a) instructed Miles Rodgers to place bets on his behalf with a Betting Organisation on specific horses running in races in Great Britain on 15 occasions (see Schedule FL); and/or
(b) received the proceeds, or part of the proceeds, of the said betting on one or more of COMMANDO SCOTT, SAROS, STRANGELY BROWN, TRUE MAGIC, DIDN’T TELL MY WIFE, MAJOR’S CAST, and TOLDO

Rule 241(i)(a) in that he has refused to supply information or records within a reasonable period of time requested by British Horseracing Authority, namely a copy of the bundle relied on by Mr Lynch’s Counsel before the jury at the trial of R v Rodgers and others (including certain material relied on in cross-examination of a prosecution witness and telephone schedules introduced before the jury), Mr Lynch’s Defence Case Statement in R v Rodgers and others, and Mr Lynch’s telephone records; or alternatively
Rule 220(vii) in that he omitted relevant information when requested for it or failed to comply with a requirement of the BHA.

Darren Williams is additionally charged with breaches of:

Rule 241(i)(a) in that he has refused to supply information or records within a reasonable period of time as requested by the British Horseracing Authority, namely copies of any text messages or other data retrieved from Mr Williams’ mobile telephone or from the records of his mobile telephone provider (relied on by Mr Williams or the prosecution in R v Rodgers & Others), Mr Williams’ Defence Case Statement in R v Rodgers and others, and the bundle of documents distributed on Mr Williams’ behalf amongst the Jury at the trial and Mr Williams’ telephone records; or alternatively
Rule 220(vii) in that he omitted relevant information when requested for it or failed to comply with a requirement of the BHA.

Karl Burke is additionally charged with breaches of:

Rule 220(viii) by misleading by an overt act and/or endeavouring to mislead an Official of the BHA during an interview with a BHA investigating officer about his relationship with Miles Rodgers.

Rule 220(vii)(c) by omitting relevant information in relation to the administration or control of racing when he omitted to mention the fact that he had accepted money from Mr Rodgers for the purchase of a stake in the horse KHANJAR on a date unknown in August 2004.

Miles Rodgers is charged with breaches of:

Rule 220(ix) in that on and before the date of each race, Mr Rodgers had dealings with Fergal Lynch, Darren Williams and/or Karl Burke which caused each of them to be in breach of Rule 243; or alternatively,
Rule 201(v) in that he committed a corrupt or fraudulent practice by laying and/or causing one or more of those persons identified in Schedule A whose Betfair account(s) were used for this purpose to lay the Named Horse in that race via Betfair using information obtained from Fergal Lynch, Darren Williams and/or Karl Burke relating to the prospects of the Named Horse in the race.

Rule 220(ix) by causing Fergal Lynch to breach Rule 244(a) by:
(a) placing bets on Mr Lynch’s behalf with a Betting Organisation on the horses specified running in the races and at the courses specified in the Schedule FL; and/or
(b) providing Mr Lynch with the proceeds, or part of the proceeds, of the said betting on one or more of COMMANDO SCOTT, SAROS, STRANGELY BROWN, TRUE MAGIC, DIDN’T TELL MY WIFE, MAJOR’S CAST, and TOLDO

Rule 220(i) by associating in connection with horseracing in Great Britain with Fergal Lynch, Darren Williams and Karl Burke and thereby aiding and abetting their breaches of Rule 220(iv).

A Disciplinary Panel hearing will be convened in due course.

NOTES FOR EDITORS:

The Races

HORSE DATE JOCKEY TRAINER COURSE SP RESULT
Bonjour Bond 30.03.04 Lynch Bryan Smart Southwell 5/1 4/9
John O’Groats 21.05.04 Lynch Michael Dods Ayr 14/1 14/14
Little Biscuit 29.05.04 Williams Karl Burke Musselburgh 4/1 5/9
Harry Potter 05.06.04 Williams Karl Burke Haydock 13/2 9/10
Vanbrugh 16.06.04 Williams Denise McHale Southwell 9/1 9/13
Tinian 18.06.04 Williams Karl Burke Ayr 4/1 4/10
Romil Star 25.06.04 Williams Karl Burke Southwell 5/1 2/9
Wares Home 30.06.04 Williams Karl Burke Yarmouth 5/1 3/11
Kristikhab 16.07.04 Lynch Alan Berry Carlisle 9/2 7/10
Bond Babe 31.08.04 Lynch Bryan Smart Ripon 9/2 3/13
Familiar Affair 31.08.04 Lynch Bryan Smart Ripon 9/1 1/7
Bond City 31.08.04 Lynch Bryan Smart Ripon 9/2 2/8

Timeline

8 January 2003 Darren Williams first interviewed by BHA Investigating Officers
7 December 2007 Trial at the Old Bailey ends
14 December 2007 First letter to City of London Police requesting disclosure
7 February 2008 Initial disclosure from CPS
26 June 2008 Fergal Lynch interviewed by BHA Investigating Officers
1 July 2008 Darren Williams re-interviewed by BHA Investigating Officers
16 July 2008 After lengthy correspondence, first disclosure from City of London Police
30 July 2008 Final disclosure from CPS
Panorama programme, entitled “Racing’s Dirty Secrets” aired on BBC1.

July, August, Sept Various disclosures from City of London Police
& Oct 2008
11 August 2008 Karl Burke interviewed by BHA Investigating Officers
30 September 2008 Darren Williams interviewed for the third time by BHA Investigating Officers
31 October 2008 Karl Burke re-interviewed by BHA Investigating Officers
13 November 2008 Fergal Lynch re-interviewed by BHA Investigating Officers
1 December 2008 Miles Rodgers interviewed by BHA Investigating Officers

Details of alleged bets made by Fergal Lynch via Miles Rodgers (Schedule FL)

DATE HORSE COURSE TIME SP RESULT
22.07.04 HARTSHEAD Doncaster 19:00 15/8F 4/11
22.07.04 COMMANDO SCOTT Doncaster 21:00 7/2F 1/11
24.07.04 RAINBOW QUEEN York 16:00 10/3 3/4
30.07.04 SAROS Thirsk 15:00 12/1 3/13
30.07.04 STRANGELY BROWN (IRE) Nottingham 20:20 13/8F 1/14
31.07.04 PONGEE Goodwood 14:00 11/8F 2/7
31.07.04 KEY SECRET Thirsk 14.35 5/1 4/10
31.07.04 PROPELLOR Huntingdon 19:20 EvensF 3/6
07.08.04 DOITNOW Ascot 16:20 3/1JF 6/10
07.08.04 BUBBLING FUN Redcar 16:50 7/4F 6/10
09.08.05 TRUE MAGIC Thirsk 19:30 7/1 1/15
13.08.04 DIDN’T TELL MY WIFE Newbury 17:25 15/8F 1/9
14.08.05 MAJOR’S CAST Goodwood 20:00 EvensF 1/5
27.08.04 TOLDO Newcastle 18:25 10/3 1/10
28.08.04 CRESKELD Redcar 18:20 4/1JF 4/12

Guide to Penalties

The current guideline penalties for key offences are as follows:

Rule 243 (information for reward)
Rider – Entry Point: 18 months disqualification
Trainer – Entry Point: 18 months disqualification OR suspension OR licence withdrawal

Rule 157 (not riding a horse on its merits for personal reward/knowing laid to lose)
Rider – Entry Point: 30 months disqualification

Rule 244(a) (jockey bets, lays or accepts proceeds of bets on British racing)
Entry Point: 6 months disqualification OR suspension OR licence withdrawal

Rule 241(a) (records not produced)
Entry Point: 18 months disqualification