Former champion jockey Robbie Fradd was acquitted of race-fixing yesterday when a judge found that the prosecution had failed to provide a convincing case against him.
But the South African rider was denied legal costs and told by Deputy Judge Colin Mackintosh that his actions in holding back his mount had brought 'heavy suspicion' on him. He rejected the defence's argument that the holding back had been tactical.
Deputy Judge Mackintosh said in the District Court the Independent Commission Against Corruption had failed to prove Fradd had either won money for himself or other people on the outcome of the race on January 16.
Fradd, 37, who has been riding for about 20 years and was a champion jockey two years ago, was cleared of one count of cheating at gambling. He was accused of having won money for himself or others by placing bets on the outcome of the race. He was alleged to have prevented his horse, Winning Dragon, 'from running to the best of its natural ability'.
Deputy Judge Mackintosh accepted the prosecution's expert witness, New Zealander Gavin John Whiterod, saying he was 'balanced and careful' in giving his evidence and that his comments were 'moderate, logical and entirely consistent'.
The judge accepted Mr Whiterod's comment that 'it should have been no question for Winning Dragon to fill in the gap behind Victory Marble [the leading horse]', and believed Fradd 'was deliberate in not allowing the horse to run to the best of its natural ability'.
Deputy Judge Mackintosh added: 'I simply don't know why he [Fradd] was holding back [the horse at that time].'