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Jockeys charged after investigation

Jockeys Paul Doe, Greg Fairley, Kirsty Milczarek and Jimmy Quinn along with former rider Paul Fitzsimons have all been charged with serious breaches of the rules of racing.

It is alleged they conspired to commit a corrupt or fraudulent practice following a British Horseracing Authority investigation into suspicious betting activity on a number of races.

Fitzsimons is no longer a jockey but is now a licensed trainer.

Registered owners Maurice Sines and James Crickmore have also been charged with the same breach of the rules, along with six others - Peter Gold, Nick Gold, Shaun Harris, David Kendrick, Darren May and Liam Vasey.

All of the individuals except the jockeys are alternatively/additionally charged with another breach in that it is alleged 'they caused the jockey in the race to act by communicating to him directly or indirectly, at his request and for material reward, gift, favour or benefit in kind, Inside Information in relation to the named horse'.

Each of the jockeys is additionally charged with a different breach in that it is alleged 'they communicated directly or indirectly to one or more betting exchange account holders, for material reward, gift, favour or benefit in kind, information relating to the prospects of the named horse'.

The allegations focus on horses being laid to lose on betting exchanges in 10 races that took place between January 17, 2009 and August 15, 2009.

As well as being charged for allegedly passing on information for reward, each of the jockeys has also been charged with 'intentionally failing to ensure that their horse was run on its merits'.

Paul Doe has been charged in relation to a total of five races combining both charges. The races took place at Lingfield, Wolverhampton, Kempton and Bath.

Greg Fairley has been charged in relation to four races, Jimmy Quinn with two and Milczarek and Fitzsimons to one race each.

An independent disciplinary panel hearing has been set for October 20 and is scheduled to last 10 days.

The guideline penalty for any jockey found guilty of 'deliberately not riding a horse to obtain the best possible placing for personal reward or knowing it has been laid to lose' is five to 25 years disqualification, with an entry point of eight years.

'Corrupt or Fraudulent Practice' has an entry point of three years, 'causing a licensed person to breach the betting/inside information rules' is six months and 'passing information for reward' is three years.

An owner laying a horse he owns to lose has an entry point of 18 months.

Chris Brand, acting chief executive of the BHA, said: "Protecting the integrity of racing is a key priority for the Authority.

"In recent years we have invested heavily into a wide ranging infrastructure of investigatory services designed to monitor and combat integrity threats to our sport.

"British racing is rightly recognised worldwide for its expertise in this area and the high standards we set for both ourselves and those participating.

"Racegoers and punters should be reassured that the overwhelming majority of races are free of suspicion and we are committed to deterring and detecting wrong-doing and taking action when we believe there is evidence of it.

"We will continue to look to the support of Government and other agencies in ensuring an effective regulatory regime and the provision of dedicated resources to assist in this area.

"Recent events demonstrate this is a growing concern many sports share.

"The charges issued by the Authority today are the result of a lengthy, detailed and complex investigation, following suspicious betting activity on more than one betting exchange and with traditional bookmakers.

"It is of course of utmost importance that those charged are given a fair hearing and the opportunity to defend themselves and we will therefore make no further comment on the details of this case at this stage."

A Professional Jockeys Association statement added: "The PJA said they were aware of the on-going BHA investigations relating to these jockeys but were only informed recently that charges were imminent.

"The PJA has now recommended that the jockeys in question seek legal representation. The PJA stressed that on any issues concerning integrity, which is vital to the sport of horse racing, it will continue to support the BHA in carrying out that function.

"Until this case is concluded, the PJA, as the trade body for jockeys, will continue to offer advice and support to the jockeys should they seek it."

Fitzsimons was "shocked" at the charges, but is "pretty confident" his name will be cleared.

"I'm happy to help with the investigations for as long as it takes," said the Hungerford-based trainer.

"I went for an interview (with the BHA security department) 16 months ago and heard nothing back from them.

"I'm shocked and dismayed but I've got 100% backing from my owners, and will be represented by solicitor Andrew Chalk.

"I'm pretty confident my name will be cleared."

Chalk, of Withy King solicitors, will also be representing Quinn. He said: "Jimmy is sending in the paperwork as the charges have only just arrived, so we will look closer at the situation at the beginning of next week.

"We know the races involved, but have not yet seen any details or charges from BHA.

"Jimmy is pulling his hair out and is particularly frustrated.

"He feels he has co-operated fully with the investigation, having answered all of the appropriate questions with honesty.

"He is dismayed at the charges, and is adamant he has done nothing wrong.

"He will be doing everything in his power to clear his name."

Milczarek's charges relate to her ride aboard Obe Gold at Lingfield on August 15, 2009.

Trained at the time by Debbie Mountain, Milczarek finished fifth on the even-money favourite in a six-furlong seller.

One of the races over which Fairley has been charged relates to Obe Gold's performance when he finished third in a claimer at Catterick 24 hours earlier.

Milczarek's representative, Christopher Stewart-Moore, said Milczarek was "stunned", and claimed the rider suffered injuries when Obe Gold left the starting stalls at Lingfield.

Stewart-Moore said in a statement issued to Press Association Sport: "Kirsty Milczarek has been informed today that she has been charged with breaches of the Rules of Racing relating to one ride on a horse at Lingfield back in August of 2009 called Obe Gold.

"She is stunned by this development. She has been fully co-operative with the BHA investigations.

"There was no stewards' inquiry into her ride on the day.

"Raceform (race-readers) comment on the race concerning Obe Gold's performance was: 'For the second time in 24 hours (Obe Gold) got his departure from the stalls all wrong, this time breaking awkwardly and unbalancing Kirsty Milczarek for several strides.'

"Raceform went on to say: 'Although he recovered gradually, a shortage of room inside the final furlong sealed his fate.'

"The horse had done the same thing in its previous race and in its subsequent race, as is recorded by Raceform.

"This is all borne out by the video up to the race.

"On this occasion his antics on exiting from the stalls caused Kirsty to hit the upright of the starting stall, causing her a very painful injury evidenced by bruising across her chest which was observed by both the racecourse doctor on the day and the physio at Newbury the next day.

"She was in such pain that she was observed to be in tears after the race by another jockey.

"Her shoulder was strapped up by the physio to enable her to ride at Newbury the next day.

"She knows absolutely nothing about any laying of this horse other than what she has been told by BHA investigators and of the eight non-licensed people, she knows only two of them as nodding acquaintances and has never spoken to them privately.

"She has provided the BHA with all her telephone records and there are no telephone calls between her and any of the named layers.

"In short there is no evidence to support the BHA's charge for the very simple reason that she has done nothing wrong.

"As yet the BHA have provided none of the evidence in support of their charges against her but have nevertheless made a press release announcing the fact of the charge and given a hearing date for October of this year.

"Kirsty has decided to make this press release so as to reassure all the owners and trainers for whom she rides that she will continue to ride every horse she is employed to ride to win."