Derby Winner Makes 2024 Bow In Osaka Hai

Despite an ever-growing Japanese presence at the Dubai World Cup meeting in the UAE, Sunday's 2000-metre G1 Osaka Hai at Hanshin still boasts five Group 1 winners, four of them Classic scorers and several other progressive types hunting for their first Group 1 ring.

One of the top picks in the 16-strong field is last year's G1 Tokyo Yushun (Japanese Derby) winner, Tastiera (Jpn) (Satono Crown {Jpn}), who ran second in both the G1 Satsuki Sho (Japanese 2000 Guineas)–to Sol Oriens (Jpn) (Kitasan Black {Jpn})–and the G1 Kikuka Sho (Japanese St Leger) on either side of his Derby win from May to October, and lines up for his 2024 bow. Sixth with traffic trouble behind G1 Dubai Turf hope Do Deuce (Jpn) (Heart's Cry {Jpn}) in the G1 Arima Kinen in December, he will break from gate three.

Trainer Noriyuki Hori said, “His appetite has been good, and better than it was before the Arima Kinen, so he's healthy and in good condition overall. He's been training solo and running well, with some power still in reserve. We've been careful not to overwork him, getting him just to stretch out at the finish in training. His breathing is good as well. While his footwork is still a little heavy, I have a good image of him going into this race.”

Favoured for Sunday's test is filly-on-the-up Harper (Jpn) (Heart's Cry {Jpn}). Ninth in the Arima Kinen after a midpack trip, that effort does not reflect her true merits, as the 2023 G3 Daily Hai Nisai Queen victress ran fourth in the G1 Oka Sho (Japanese 1000 Guineas), second in the G1 Yushun Himba (Japanese Oaks) and third in the G1 Shuka Sho (Japanese Fillies' St Leger), all to turf superstar Liberty Island (Jpn) (Duramente {Jpn}), who is competing in arguably the race-of-the-year at Meydan on Saturday, the G1 Dubai Sheema Classic.

“She had a break at Northern Farm Shigaraki, with this next race in mind,” said trainer Yasuo Tomomichi. “She's handled her workload in training well, and her reactions at the finish have been good. The weather on the day is an issue, but I'm not particularly worried about soft ground for her.”

Although left with too much to do when too far back to be eighth contesting the G1 Hong Kong Cup during the Longines Hong Kong International Races, Sunday Racing's Rousham Park (Jpn) (Harbinger {GB}) won both the G3 Hakodate Kinen and G2 Sankei Sho All Comers S. in succession in July and September of 2023.

“He's still a horse that's improving, and since before, I've seen him filling out and getting into better shape,” said trainer Hiroyasu Tanaka. “His appetite's been better on his return to the stable this time. I've been pleased with him physically so far this year, but there's just a bit more for him to improve on mentally.”

Fourth choice Pradaria (Jpn) (Deep Impact {Jpn}) defeated Bellagio Opera (Jpn) (Lord Kanaloa {Jpn}) in the G2 Kyoto Kinen, and will be shortening up 200 metres. He will break from gate eight.

Said conditioner Manabu Ikezoe, “He's had the same training pattern as before his last race. His rider has been pleased with his work, and says his footwork is good. His times have been fine, including a final furlong time of :11.3 seconds, and he's improving going into this race. Soft ground wouldn't be a worry, and it's mostly about how he'll handle the flow of things in the race itself. He has another good chance to win.”

A winner of the 2022 edition of the Fillies' St Leger, Stunning Rose (Jpn) (King Kamehameha {Jpn}) is aiming for redemption, as are fellow Group 1 winners Geoglyph (Jpn) (Drefong) and Killer Ability (Jpn) (Deep Impact {Jpn}). The last-named horse won the G1 Hopeful S. back in 2021, and is making his first start back in Japan after running with credit when second to Spirit Dancer (GB) (Frankel {GB}) in the G2 Neom Turf Cup in Saudi Arabia on February.

Rail-drawn Mikki Gorgeous (Jpn) (Mikki Rocket {Jpn}) is a live longshot, and, although she is 17-1 in the ante-post betting, she has compiled a three-straight winning streak, including the G3 Aichi Hai over this trip at Kokura on Jan. 13.

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Pletcher Wins Round in Supreme Court Over Forte DQ

The New York Supreme Court for the County of Schenectady on Friday granted trainer Todd Pletcher a preliminary injunction precluding the New York State Gaming Commission from enforcing penalties related to the disqualification of Forte (Violence) from his win in the 2022 GI Hopeful S. at Saratoga Race Course, meaning that the sanctions are halted until the court decides issues of the case related to due process and rules interpretations.

According to the Mar. 29 court order, the NYSGC had found that “based upon blood and urine samples taken after the race, that Pletcher was responsible for the positive finding of the drug Meloxicam in Forte. As a result of the disqualification, the owners of Forte were stripped of the first-place portion of the purse and, as a result of the drug administration finding, Pletcher's license to train horses was suspended for 10 days and he was fined $1,000.”

But, the court order explained, “Pletcher's Petition asserts that the Commission Order must be annulled and vacated because (1) Pletcher was found to have violated a rule that doesn't exist; (2) Pletcher was found liable based upon a standard outside of the Commission's rules; (3) that the subject rule is impermissibly vague; (4) the Commission fails to show that the finding against Pletcher was supported by substantial evidence; (5) the Commission Order inexplicably departs from precedent so as to make it arbitrary and capricious; (6) it adopts a Hearing Officer's report based upon an unlawful hearing wherein the Hearing Officer acted in excess of authority by permitting the owner representative of the second place horse to intervene in the hearing and to act in a prosecutorial role, despite not being admitted to the practice of law in the State of New York.”

The NYSGC, represented by the New York Attorney General, had opposed the motion for a preliminary injunction, asserting that since Pletcher raised the substantial evidence question, the entire proceeding, including any request for a preliminary injunction, must be transferred to and determined by the Appellate Division.

Supreme Court Justice Michael Cuevas disagreed, writing in the Mar. 29 order that the case must remain at the Supreme Court level.

“[T]his Court can only conclude that Petitioner has demonstrated a reasonable likelihood of success on the alleged due process violations and the alleged misinterpretation of existing rules or application of a non-existent rule,” Cuevas wrote.

“We are very pleased that the Supreme Court has decided to review what we believe are serious due process issues in this case,” Pletcher's attorney, Drew Mollica, told TDN. “We are also elated that the Supreme Court has taken the position that they will review the standard by which the Gaming Commission saw fit to disqualify Forte and sanction Mr. Pletcher.

“While it's early, the issues raised, including the participation of an unlicensed attorney to assist in prosecuting this matter, is something we look forward to litigating,” Mollica continued.

“Judge Cuevas has flagged these procedural legal issues that must be addressed before any appellate review. The procedural and legal issues will prove that not only should Forte not have been disqualified, but that any sanction of Mr. Pletcher is a miscarriage of justice,” Mollica said.

The finding of meloxicam, a non-steroidal anti-inflammatory drug, in Forte's system wasn't the entirety of the controversy when it was first made public nearly 11 months ago.

A more concerning aspect was that the 2022 juvenile champion's positive test result was kept from the public for more than nine months, and wasn't revealed until May 9, 2023, when the New York Times first broke the story, citing as sources “two people who are familiar with the matter but are not authorized to speak about it.”

Two days later, the NYSGC formally announced Forte's disqualification from the Hopeful S. while imposing the fine and suspension upon Pletcher.

Pletcher promptly appealed his penalties, and Mike Repole, Forte's owner, appealed the colt's DQ.

The commission then stayed the penalties while the appeals process played out, and, as the Mar. 29, 2024, court order stated, “The commission also invited each other owner representative of a horse that received a share of the purse in the disputed race to appear in the joint hearing as an intervenor.”

Prior to the hearing, Pletcher had objected to the permitting of intervenors and their roles in the hearing.

At the July 20, 2023, hearing, eight witnesses testified and 44 exhibits were received into evidence.

The hearing officer then issued a report on Sept. 30, and on Dec. 4 the NYSGC adopted the report's findings of fact and conclusions of law in levying the penalties against Pletcher and in disqualifying Forte.

Mollica won a temporary restraining order for Pletcher on Dec. 21 by filing an Article 78 appeal. Article 78 appeals are lawsuits mainly used to challenge an action, or inaction, by agencies of New York State and local governments. The parties were in court to argue their points on Jan. 8, 2024.

TDN emailed a spokesperson for the NYSGC seeking comment on Friday's ruling but has not yet received a reply.

The next steps in the process are for the NYSGC to answer or otherwise move with respect to the petition within 20 days of the Mar. 29 order. Then Pletcher may reply to any counterclaim or new matter asserted in NYSGC's answer by May 10, when a status conference has been scheduled.

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Clapton Returns Summers To Scene of His Finest Hours

DUBAI, UNITED ARAB EMIRATES — RRR Racing's Clapton (Brethren) may be one of the rank outsiders in international markets for Saturday's G1 Dubai World Cup, but trainer Chad Summers, who won the G1 Dubai Golden Shaheen with Mind Your Biscuits (Posse) in 2017 and 2018, is embracing the underdog role against the likes of Ushba Tesoro (Jpn) (Orfevre {Jpn}) and Kabirkhan (California Chrome).

“We're not here for the accommodations. We're not here for the badges and the passes and the parties,” Summers said. “We're here because we want to have a chance to hold that trophy up and put our name in the lore of the horses that have won it in the past.

“We're 60-1 and everyone says we have no shot. And we like being there. We like being the one that everybody counts out. It's a comfortable place for us and we're used to it.”

Clapton, last year's GII Lukas Classic winner, made a pair of starts during the Dubai Racing Carnival, finishing third to Kabirkhan in the G1 Al Maktoum Challenge in January and again to Military Law (GB) (Dubawi {Ire}) in the G2 Al Maktoum Challenge on Super Saturday, Mar. 2

After some internal debate, Clapton–whose owner also campaigns defending G2 Godolphin Mile champion Isolate (Mark Valeski) with trainer Doug Watson–has been green-lighted for the World Cup and he'll leave from gate seven with Dylan Davis taking the ride. Summers and team have made some subtle tweaks and he believes he has the chestnut ready for the test.

“We have some working theories now as to what happened,” he explained. “For the last two months, he'd come out of the stall at 4 a.m. and we're waking him up at 2:30. He's not used to that. By the time he goes back in the stall at 7 a.m. he's been out of the stall for three hours. That's a lot of walking.”

It's a four-mile round trip from the barn to the Meydan main track.

“We're only taking him to this track three days a week instead of six days a week now,” Summers continued. “He seems like a fresher, happier horse. They have other tracks in the back and he seems just more like the old Clapton that we needed to see, because to be honest with you, we have too much respect for this race to run just to run.”

It's a bit of a full-circle moment for Summers this weekend, as Mind Your Biscuits is ironically the sire of one of Clapton's main World Cup foes in the form of G2 UAE Derby winner and GI Breeders' Cup Classic runner-up Derma Sotogake (Jpn).

“To watch him pop out of the gate and go on with it and just utterly dominate and then go on to the Kentucky Derby and the Breeders' Cup was amazing,” Summers said of Derma Sotogake's run in last year's UAE Derby.

But the gloves come off this weekend, make no mistake.

“Hopefully Biscuits can look down on me one more time and tell Christophe Lemaire to ride him like he rode him in the UAE Derby, go to the lead and battle Laurel River (Into Mischief) and go fast enough to help set things up for Clapton.

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Bill to Establish Independent Kentucky Gaming Commission Passes House

In a vote late Thursday night, the Kentucky General Assembly passed a bill to establish an independent Kentucky Horse Racing and Gaming Corporation, according to a press release from Senate Majority Floor Leader Damon Thayer (R-Georgetown), the primary sponsor of the legislation. Senate Bill (SB) 299 revises Thayer's original proposal to attach the commission to the Kentucky Department of Agriculture administratively. The legislative effort was revised following further conversations with stakeholders and House Speaker David Osborne (R-Prospect), which would now establish an independent Kentucky Horse Racing and Gaming Corporation.

In his support of the bill, Osborne drew comparisons to the Kentucky Lottery Corporation and the Public Service Commission. A Senate Committee Substitute was adopted to outline the corporation's formation and set forth a robust framework for its operations. Subsequently, the Senate committee approved SB 299 on Tuesday and with passage in the House was delivered to the Governor on Wednesday.

Currently, HRC oversees all aspects of horse racing in the state, including venues housing historic horse racing (HHR) machines. SB 299 seeks to create the Kentucky Horse Racing and Gaming Corporation as an independent entity that regulates horse racing, sports wagering and charitable gaming in the commonwealth, effective July of this year.

“With the passage of SB 299, we're taking a crucial step in safeguarding the integrity and prosperity of our signature horse racing industry,” said Thayer. “As a cornerstone of Kentucky's heritage and economy, it's imperative that we uphold strong oversight and management of these vital industries. I contend the success of this industry demands it be a stand-alone entity capable of utilizing its funding without having to get authorizations from a bureaucratic agency. I am proud to sponsor this measure to promote this integral part of the commonwealth.”

Under SB 299, the existing racing commission members would transition to become the initial board of the newly formed corporation, serving two-year terms. Future board members would continue to be appointed by the governor but would require approval from the Kentucky Senate and oversight from the Executive Branch Ethics Commission.

Read SB 299 in its entirety here.

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