THE High Court jury hearing the libel action by North Yorkshire racehorse trainers Lynda and Jack Ramsden and jockey Kieren Fallon over an allegation of cheating has been told it would be a sad day if The Sporting Life could not comment on what it considered a "scandal".

Opening the newspaper's defence in London, Richard Hartley QC said it was "vital" that racing should be conducted honestly or punters would cease to bet.

The Ramsdens, who are based at Sand Hutton, near Thirsk, and Fallon, are suing over a "savage verbal onslaught" in an unsigned editorial in May 1995, the day after their horse Top Cees won the Chester Cup.

It said the trio conspired to deceive the racing public by deliberately not trying to win the Swaffham Handicap, at Newmarket, three weeks before.

Publishers MGN Ltd deny libel. They say the article is justified and fair comment on a matter of public interest.

Mr Hartley said that the best evidence would have been if he could have produced someone who could say that they overheard someone telling Mr Fallon not to win at Newmarket.

"But we do not have that evidence.

"We will invite you to draw the inference that such instruction was given, and that the jockey deliberately rode Top Cees to prevent it winning."

The author of the piece, Alastair Down, "passionately believed" that Top Cees had not been run on merit in the Swaffham and that the Jockey Club were wrong to take no action.

"The Sporting Life has readers made up of those involved in the racing business.

"It would be a very sad day if such a paper could not comment fearlessly on what it considers a scandal."

Jim McGrath, Channel 4 presenter, punter and director of racing publication Timeform, said Top Cees's pedigree indicated that he would be well suited to middle distances and had every chance of going two miles plus.

Called by Sporting Life as an expert witness, he told Mr Justice Morland that Top Cees "could have and should have won" at Newmarket.

"My opinion of the riding was that the tactics were designed not to obtain the best possible position."

He said Fallon - who admitted later with the benefit of hindsight that he timed his run too late - did not take full advantage of a gap that presented itself for seven seconds.

"But Mr Fallon did not make use of it. He chose to go in behind horses."

By contrast, the jockey's outing at Chester was a "copy book ride".

He said that the Roodee demanded a lot of a jockey - courage and timing.

Watching a video of the race, he commented: "This is the most beautiful run, splendid riding.

The difference between the two races was in the "general all-round urgency" shown at Chester.

The hearing continues.

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