'Fallon meeting missed by police'

Christopher Sallon QC told the Old Bailey that City of London PC Mark Lowe missed a "crucial" observation.

PC Lowe did not spot Mr Fallon getting into a car with alleged syndicate boss Miles Rodgers, Mr Sallon said.

Six defendants, including Mr Fallon and Mr Rodgers, deny conspiracy to defraud customers of betting exchange Betfair.

Police were keeping a watch on several key players in the alleged conspiracy when Mr Sallon claims they missed the crucial sighting of Mr Fallon being driven away from Leicester racecourse by Mr Rodgers in May 2004.

Pc Lowe said co-defendant Shaun Lynch got into the car, with Mr Rodgers at the wheel, and was followed several minutes later by two other men.

"I'm going to suggest that you are just wrong...and you have missed a crucial piece of observation"
Christopher Sallon QC

He said they all drove to Leicester airport.

But Mr Sallon, who is representing Mr Lynch, suggested the passengers were joined by Mr Fallon and in total there were five men in the car, as opposed to the four recorded by the police.

"I'm going to suggest that you are just wrong about it and you have missed a crucial piece of observation and that Kieren Fallon was one of the men in the car and all of the men got into the car at the same time," he said.

Pc Lowe responded to this point by saying: "What I saw is in my statement."

'Common-sense'

Meanwhile, John Kelsey-Fry QC, who is representing Mr Fallon, also challenged the surveillance evidence on the same night.

According to the police log, when Mr Lynch called Mr Rodgers on his mobile phone at 2049 that night, he was already in the Mercedes with Mr Rodgers.

The barrister argued that it was a "matter of common-sense" that Mr Lynch got into the car after 2049 because, otherwise, Mr Rodgers would have been sitting next to him when Mr Lynch called.

Mr Fallon, 42, of Tipperary, Republic of Ireland, Mr Rodgers, 38, from Silkstone, South Yorkshire, Mr Lynch, 37, of Londonderry, Northern Ireland, Mr Lynch's brother Fergal, 29, from Boroughbridge, North Yorkshire, Philip Sherkle, 42, of Tamworth, Staffordshire and Darren Williams, 29, of Leyburn, North Yorkshire, have all pleaded not guilty to being involved in the alleged race-fixing scam.

The trial continues.