The owners of Forego (G1) fifth-place finisher Drafted have filed an appeal of a Horseracing Integrity and Safety Authority decision that would see the gelding lose his $26,000 share of the $600,000 purse because his jockey incurred a riding crop infraction under HISA rules, Daily Racing Form reports.
Drafted's jockey in the Forego, won by Cody's Wish August 27 at Saratoga, was Luis Rodriguez Castro, who New York Racing Association steward Brook Hawkins determined struck the Field Commission gelding 10 times with his crop during the seven-furlong race. Under HISA rules, a jockey is limited to six strikes with the crop.
When a jockey uses the crop from 10 to 13 times, the penalty for the rider is a $500 fine or a jockey's share of the purse, whichever is greater, and a three-day suspension, which Castro received and did not appeal. His mount is disqualified, ordered unplaced in the order of finish, and the purse money is redistributed to those who finished behind that horse.
According to the Equibase chart for the Forego, Drafted finishing 1 3/4 lengths ahead of sixth-place finisher Three Two Zone. Kneedeepinsnow was seventh. Sixth place was worth $17,000 and seventh $14,000.
Co-owner Thomas E. O'Keefe filed the appeal with HISA on Friday on behalf of himself and fellow owners Truls Engebretsen of Dublin Fjord LLC, William Nichols of Racepoint Stables, and Kevin D. Hilbert, contending that they are being forced to forfeit Drafted's share of the purse without due process, according to Drew Mollica, attorney for the owners, who are seeking a stay of the purse redistribution.
“We challenge it on the constitutionality under the Fifth and 14th Amendments of the Constitution where they're taking our money without due process,” Mollica told the Form.
Eight-year-old Drafted, a graded stakes winner and earner of more than $1 million, is trained by David Duggan.
To read the complete story at drf.com, click here.
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