RACING: A BRITISH High Court judge is deciding whether Kieren Fallon can ride in tomorrow's Derby at Epsom. Mr Justice MacDuff, sitting in London, has been urged to grant an injunction by the owners of 2000 Guineas third Native Khan, which would prevent Fallon taking part in the premier Classic.
They claim that three-time Derby winner Fallon has broken a “promise” to ride their horse and should be prevented from riding another in the race.
Fallon, who attended the court for yesterday afternoon’s hearing, denied breach of contract and said there has been an “innocent misunderstanding”.
Lawyers for owner Ibrahim Araci argued he had been “badly let down” by Fallon, who is set to partner Aidan O’Brien’s Recital, whom he rode to win the Derrinstown Stud Derby Trial at Leopardstown.
Fallon guided the Ed Dunlop-trained Native Khan to victory in the Craven Stakes at Newmarket on his first start of the year.
Olivier Peslier rode the grey when he finished third in the Guineas behind Frankel as Fallon was suspended.
The judge will give his ruling this morning.
Meanwhile, Queen Elizabeth’s Carlton House is set to take his place in the Derby after showing positive signs following an injury scare.
Connections of the colt, trained by Michael Stoute, issued an upbeat bulletin this evening after the three-year-old showed no ill-effects following a four-furlong canter in Newmarket yesterday morning.
Carlton House has been the long-time favourite for the premier Classic, but doubts over his participation arose after he developed swelling in his near-fore leg.
The Dante Stakes winner suffered the setback during a work-out on Monday.
“We are pleased to report that Carlton House did a good exercise this morning and he is very much still on target for Saturday’s Investec Derby,” the Queen’s racing manager John Warren said.
Thirteen horses have been declared for the Flat highlight of the year, with Andre Fabre’s Prix Greffulhe winner Pour Moi having also stood his ground.
Aidan O’Brien saddled Galileo (2001) and High Chaparral (2002) to win successive renewals of the Derby and again has a typically strong hand.
Ballydoyle’s two major hopes are Dante runner-up Seville and Derrinstown Stud Derby Trial winner Recital. O’Brien also saddles Memphis Tennessee and Treasure Beach.
Native Khan, Ed Dunlop’s 2000 Guineas third, steps up half a mile in distance and will be ridden for the first time by Johnny Murtagh.
Godolphin rely on Mahmood Al Zarooni’s Ocean War, the mount of Frankie Dettori.
Alain de Royer-Dupre’s Vadamar was beaten into third by Pour Moi at Saint-Cloud but renews rivalry at Epsom.
Dante third Pisco Sour, Castlemorris King, Marhaba Malyoon and Masked Marvel complete the field.
There were no surprises among the four withdrawals, with Casamento, Genius Beast and Roderic O’Connor poised to run in Sunday’s French Derby.
Nathaniel was also scratched after John Gosden warned conditions were likely to have been too fast.
