TOP jockey Kieren Fallon, branded a "cheat" over his riding of Top Cees, has been defended in the High Court.

Former jockey Adrian Maxwell, giving evidence on Fallon's performance on Top Cees during meetings at Newmarket and Chester, told a jury that he could not be blamed for the horse's poor performance at the earlier meeting and had ridden a copybook race at Chester.

The hearing continued in London of the action brought by Fallon and racehorse trainers Lynda and Jack Ramsden, of Sandhutton, near Thirsk, over an article in Sporting Life in May 1995 that accused them of "cheating" their way to victory in the Chester Cup three weeks after Top Cees' defeat at Newmarket.

The article described the win as "seedy and deeply unpopular" and alleged that Fallon had tenderly handled the horse at Newmarket to improve the odds on Top Cees at Chester.

The Sporting Life's publishers, Mirror Group Newspapers, deny libel, claiming the article, headlined Contempt for the Punter was justified and fair comment on a matter of public interest.

During cross-examination by Richard Hartley, QC, Maxwell agreed the gallop in the Swaffham Handicap at Newmarket was a strong one.

"It was very fast," he said. Two furlongs out, Fallon had "come off the bridle" in a bid to spur the horse.

It was impossible to tell how much a mount had left in its tank, and the jockey had to give the horse a chance to respond.

He had tried to find a gap, but failed.

Top Cees, Maxwell said, had run well but had nowhere to go. The horse, which came fifth, had been unlucky in running.

When it was suggested that Fallon had used his whip too late, Maxwell said the use of the whip was a last resort.

He also denied a suggestion that Top Cees had appeared unbalanced.

He left the witness box to indicate, on a video recording of the race, the point where Fallon had sought to make a breakthrough.

"You can see from the video that Mr Fallon was looking for gaps, but there were none," he told the jury.

The hearing continues.

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