WALTER SWINBURN is to appear before magistrates next month after being charged with assault. The three time Derby winning jockey, 35, is also facing a criminal damage charge following an incident at Il Piccolo Mondo restaurant in Newmarket late on Friday.

Police said Swinburn had been released on police bail pending his court appearance on February 27th. It marks the latest twist in a very eventful 12 months for Swinburn.

Just 16 days before his court appearance he will mark the first anniversary of an horrific fall at Sha-Tin in Hong Kong which almost claimed his life. After spending a week in intensive care, he fought back to full fitness and memorably rode a winner in his first race back in action at Windsor in August.

And he went on to gain the richest win of his highly successful 19 year career when steering Pilsudski to victory in the Breeders' Cup Turf at Woodbine, Canada in October.