In response, the CHRB have denied a stay of the stewards' decision but stated that it will “assign a Hearing Officer in this matter where the issue of timeliness of the appeal and appeal itself will be heard and a proposed decision submitted to the Board for consideration,” according to an order issued by the CHRB Tuesday.

The plaintiffs in the appeal are owners China Horse Club International Limited, Head of Plains Partners, Starlight Racing, WinStar Farm, jockey Mike Smith and trainer Bob Baffert.

After the New York Times first reported that Justify had tested positive post-race for scopolamine, Mick Ruis, owner-trainer of the runner-up that day, Bolt d'Oro, sought to have the result of the race overturned with Bolt d'Oro declared the winner.

Ruis alleged that the CHRB failed to follow its own rules when it decided not to pursue penalties after Justify's positive test. The CHRB argued that Justify should not be disqualified because the positive test was the result of contamination linked to jimson weed.

At the end of last year, a Los Angeles County Superior Court judge ordered the CHRB to set aside the stewards' 2020 decision and issue a new ruling disqualifying winner Justify from the Santa Anita Derby.

Early in March, the CHRB reached a separate settlement that called for the agency to pay Ruis $300,000, and to order a redistribution of the $1-million purse.

In last week's notice, Amanda Groves, who represents Justify's connections, argued that grounds for an appeal included how the plaintiffs were not a party to the lawsuit between Ruis and the CHRB, leading to “Procedural irregularities and denial of due process and/or a fair and impartial hearing.”

Groves also reiterated the CHRB's original claim, writing that “it is undisputed that the positive scopolamine test was a result of environmental contamination due to inadvertent exposure to jimsonweed in hay/straw.”

BloodHorse reported that Ruis's attorneys had filed a response arguing that none of the grounds raised in the appeal are relevant.

When asked about the contents of the letter, Darrell Vienna, who represents Ruis, told the TDN that the CHRB issued the disqualification order “because they were ordered to do so by the court.”

The court did not demand that the CHRB hold another hearing on the matter, Vienna added. “It just issued an order to disqualify the horse, Justify, and to redistribute the purse,” he said.

“If the Justify parties have issue with that, that issue should be addressed at the Superior Court, in my opinion,” said Vienna. “If the court orders a subordinate agency to do something, they must do it.”

According to last week's notice of appeal, Justify's first-place finish in the Santa Anita Derby accrued the owners a combined $585,000, while Smith and Baffert each received $58,450.

The post CHRB Denies Stay of Justify Decision, Will Entertain Appeal appeared first on TDN | Thoroughbred Daily News | Horse Racing News, Results and Video | Thoroughbred Breeding and Auctions.

Source of original post

Harris had his licence suspended in November and withdrawn in January by the BHA's Licensing Committee. The agency ruled he was not a “fit and proper person” to hold a training licence.

Regarding the BHA's concerns, the Licensing Committee said, they surrounded “the nature and extent of MH's admitted breaches of the conditions which already exist on his licence, which were imposed in 2018 and MH's failure to be candid in his dealings with the BHA in respect of those breaches, particularly when the BHA was seeking to provide opportunities for MH to remedy those breaches”, “misconduct in his dealings with others, including fellow licence holder Mr Simon Earle” and “in respect of safeguarding arising out of MH's conduct with young persons employed at his racing yard”.

Harris began training in 2001 but ceased training from 2011 to 2018 due to financial issues.

The post Harris Withdraws Appeal Regarding Licensing Committee’s Ruling appeared first on TDN | Thoroughbred Daily News | Horse Racing News, Results and Video | Thoroughbred Breeding and Auctions.

Source of original post

The BHA Licensing Committee's verdict stated in January that he was not a “fit and proper person” to hold a training licence. Originally, his licence was suspended by the BHA in November pending January's hearing, with the BHA's stance, “a result of a breach of the conditions on his licence and related matters”.

A spokesperson for the BHA said on Wednesday, “The BHA can confirm that Mr. Harris has formally notified the BHA of his intention to appeal against the recent decision of the Licensing Committee. We will provide further details regarding the appeal in due course and will make no further comment at this time.”

Harris told PA Sport, “I have appealed. I need to respect the Licensing Committee's decision, which I do, but some of the information they have been given was not correct.”

Some of the BHA's concerns surrounded “the nature and extent of Harris's admitted breaches of the conditions which already exist on his licence, which were imposed in 2018 and Harris's failure to be candid in his dealings with the BHA in respect of those breaches, particularly when the BHA was seeking to provide opportunities for Harris to remedy those breaches”, “misconduct in his dealings with others, including fellow licence holder Mr. Simon Earle” and “in respect of safeguarding arising out of Harris's conduct with young persons employed at his racing yard”.

Harris began training in 2001 and was absent from the training ranks from 2011 to 2018 due to financial issues.

The post Former Trainer Milton Harris To Appeal BHA’s Ruling appeared first on TDN | Thoroughbred Daily News | Horse Racing News, Results and Video | Thoroughbred Breeding and Auctions.

Source of original post

The post read: “I have instructed my attorneys to dismiss the appeal related to the disqualification of Medina Spirit in the 2021 Kentucky Derby. Zedan Racing owner, Amr Zedan, and I have decided that it is best to positively focus on the present and future that our great sport offers. We thank the KHRC (Kentucky Horse Racing Commission) and Churchill Downs for listening and considering our point of view and we are grateful for the changes and clarity that HISA brings to our sport.”

Ever since Medina Spirit was disqualified over the positive for the medication betamethasone, Baffert and Zedan have tried to have the disqualification overturned. Their primary argument was that the medication got into the horse's system through a topical cream used to combat skin rashes. Baffert and Zedan's lawyers would eventually build more than two years of court cases and administrative appeals around the contention that the betamethasone that showed up in Medina Spirit's post-race positive test was the type that came from a permissible topical ointment and not via some other restricted means, like an intra-articular injection.

In September, Zedan and Baffert filed a petition for a judicial review of the Kentucky Horse Racing Commissions's disqualification of the colt from his win in the 2021 Kentucky Derby. The petition was filed in Franklin Circuit Court in Kentucky and also includes a protest over Baffert's suspension in Kentucky.  Zedan and Baffert claim in the petition that the “laboratory limit of detection” used to identify betamethasone in Medina Spirit “is contrary to the plain terms of KHRC regulations and is void as arbitrary and capricious.”

They also argued that KHRC's exercise of rule making and adjudicatory powers is illegal and that the penalties against Zedan “are unconstitutional, arbitrary and capricious.”

One month earlier, the Kentucky Horse Racing Commission (KHRC) closed the 27-month regulatory saga involving Medina Spirit's Kentucky Derby drug disqualification by unanimously voting to deny appeals by trainer Baffert and Zedan Racing Stables while accepting a hearing officer's recommended order that the penalties originally imposed by the Churchill Downs stewards be affirmed in their entirety. From there, Zedan and Baffert began to try to win their case through the courts.

“The KHRC did what it does best–rubber stamped its own foregone conclusion. I will discuss with Mr. Baffert, but believe it is highly likely the matter is appealed so that it can finally be presented to an impartial Court,” Baffert attorney W. Craig Robertson III said at the time.

It was not clear Monday why Zedan and Baffert apparently changed their minds and decided to drop their case.

It is possible that their dropping the case was a peace offering in what has been an ugly battle between Churchill Downs and Zedan and Baffert that at times took on a personal tone. Churchill first banned Baffert from the 2022 and 2023 Derby. In a surprising move, Churchill announced in July that the Baffert ban was being extended until at least Dec. 31, 2024.

“Mr. Baffert continues to peddle a false narrative concerning the failed drug test of Medina Spirit,” Churchill said at the time in a statement.

Churchill also recently announced that any horse trained by someone banned by the track (Baffert is believed to be the only one under such a suspension) will be ineligible to compete in the Derby if still in that trainers barn as of Jan. 29.

Throughout the dispute, there was widespread speculation that Churchill's harsh treatment of Baffert was in response to the lawsuits. With those lawsuits now having been dropped, it will be interesting to see how Churchill reacts and what doors might open for Baffert and his owners.

Following the news that the case had been dropped, Churchill Downs officials said that the development would have no bearing on Baffert's current status. “Today's dismissal of appeal does not change the current suspension or deadline to transfer horses for the upcoming 150th Kentucky Derby,” read a statement forwarded by Churchill's Darren Rogers.

pic.twitter.com/5RUsOSHMjD

— Bob Baffert (@BobBaffert) January 22, 2024

The post Baffert, Zedan Drop Appeal of Medina Spirit Disqualification appeared first on TDN | Thoroughbred Daily News | Horse Racing News, Results and Video | Thoroughbred Breeding and Auctions.

Source of original post

There was no stewards' inquiry posted after Goodnight Olive's win. The Equibase chart noted that Goodnight Olive “drifted in, taking the path of Society [Gun Runner] near the three-sixteenths pole” before she “quickly opened clear and held safely.”

Ortiz, who is North America's winningest jockey in both victories and purse earnings for 2023, will now serve his days Nov. 24-26 according to a California Horse Racing Board ruling issued on Friday.

The post Ortiz, Jr. Drops Appeal of Suspension For Winning Breeders’ Cup Ride On Goodnight Olive appeared first on TDN | Thoroughbred Daily News | Horse Racing News, Results and Video | Thoroughbred Breeding and Auctions.

Source of original post

The British Horseracing Authority's independent disciplinary panel heard Doyle's appeal Thursday morning. The jockey contested the length of the ban rather than the riding offence itself. After hearing submissions from Charlotte Davison, representing the BHA, and Rory Mac Neice for Doyle, the panel concluded the original penalty should stand, resulting in Doyle's missing the Nov. 4 Breeders' Cup, when Bradsell is due to run in the Turf Sprint at Santa Anita. Luke Morris will ride in her place.

“We do accept there was corrective action taken by Miss Doyle, but the reality was unfortunately the situation had been caused. We can see from the footage interference does take place and it is, in our view, significant,” said Rachel Spearing, the panel's chair.

“We find interference was foreseeable, it was serious and it is appropriate to fall within the careless riding [penalty] of five to 14 days. We note she was provided with a seven-day suspension and we see no reason to interfere with those days.

“We have concluded this wasn't a frivolous appeal and in those circumstances agree to return the deposit.”

The post Doyle to Miss Breeders’ Cup After Failed Appeal appeared first on TDN | Thoroughbred Daily News | Horse Racing News, Results and Video | Thoroughbred Breeding and Auctions.

Source of original post

Aboard King Charles and Queen Camilla's Saga (GB) (Invincible Spirit {Ire}) for John and Thady Gosden in the Listed Wolferton S., he was found guilty of careless riding by the Ascot stewards. The suspension was due to run from July 4-12, and would result in Dettori missing a ride on Emily Upjohn (GB) (Sea The Stars {Ire}) in the G1 Coral-Eclipse on July 8.

“I put my appeal in yesterday, so it's fingers crossed,” Dettori told talkSPORT. “I spoke to my lawyers and they told me to appeal.”

On his decision to retire this year the Italian added, “Every day I get asked. At the moment I'm retiring–Oct. 21 [in England] and then abroad. I'm sticking to it.

“Yesterday [winning the G1 Gold Cup] was unbelievable, the reception that I got. I just have to say thanks for all the support over the years and let's carry it on over another two days and have some fun.”

The post Dettori Lodges Appeal On Nine-Day Ascot Ban appeared first on TDN | Thoroughbred Daily News | Horse Racing News, Results and Video | Thoroughbred Breeding and Auctions.

Source of original post

As TDN's Bill Finley reported from Surick's Jan. 19 sentencing in United States District Court (Southern District of New York), Surick was ordered to serve one of the longer prison terms among those convicted in the 2020 international racehorse doping series of arrests that involved both Standardbred and Thoroughbred trainers based in Florida and the Northeast.

And that harsh sentence was handed down despite Surick's 's efforts to cooperate with prosecutors, who eventually decided that some of the information he offered was not credible and involved false accusations.

“I am truly sorry for the crimes that I have committed,” Surick had said at his sentencing. “I can't blame anybody but myself.”

The post Surick, Facing 62 Months in Prison, Appeals Doping Conviction appeared first on TDN | Thoroughbred Daily News | Horse Racing News, Results and Video | Thoroughbred Breeding and Auctions.

Source of original post

The Juddmonte homebred, with Frankie Dettori in the irons, was deemed to have caused interference to Giavellotto (Ire) (Mastercraftsman {Ire}) of a sufficient nature to place her behind that Marco Botti-trained colt, the raceday stewards determined.

During the appeal hearing, two incidents were looked into by the independent disciplinary panel of the British Horseracing Authority–an incident between the three- and two-furlong poles where the Ralph Beckett-trained filly drifted towards the inside rail, and again later on once jockey Neil Callan had re-balanced Giavellotto and were closing once again. The race was won by Eldar Eldarov (GB) (Dubawi {Ire}), with New London (Ire) (Dubawi {Ire}) promoted to second, Giavellotto third and Haskoy fourth.

Callan said, “About two and a half out I started to make my move and I noticed Mr. Dettori have a glance over his shoulder so I gave him a shout to tell him I was there. I got carried left and ran out of room.

“I lost momentum and had to pick my horse back up after further interference on my outside and then Mr. Dettori drifted back out so I went for the rail again, but half a furlong from home Mr. Dettori switched his whip and his filly leaned in on me again which cost me more ground.”

“I would say that up to half a furlong from home I was giving it 100% and then when the winner passed me half a furlong out and I knew I had the others beat, I was riding at 80%,” said Dettori, who would subsequently serve a five-day suspension for the ride.

“I can't judge Mr. Callan's ride, only my own, but I would disagree that Giavellotto passed me after the line so that means he would otherwise have beaten me. I took the revs off inside the last half furlong because I couldn't win.”

Panel chair Timothy Charlton KC said during the closing statements, “There was considerable interference just before and just after the two-furlong marker which cost Giavellotto a lot of distance and momentum.

“Without that he would have had a traffic-free run to the line and would have begun a serious challenge at that point. Instead, Mr. Callan had to take back sharply to avoid clipping heels which took him into more trouble with Danny Tudhope's mount [French Claim (Fr) (French Fifteen {Fr})] which compounded the loss of balance and momentum suffered from when Haskoy crossed in front of him.

“When Giavellotto returned to the rail he again suffered interference when Haskoy squeezed him up.

“The panel fully recognises the peril of an arithmetical approach to these sort of cases, especially when the interference is so far out, but despite those uncertainties the panel was persuaded that Haskoy's interference prevented Giavellotto from finishing ahead of Haskoy.

“It is the panel's view the deposit should be returned [to the connections of Haskoy] as perfectly respectable arguments were put to us.”

The post Haskoy Connections Lose St Leger Appeal appeared first on TDN | Thoroughbred Daily News | Horse Racing News, Results and Video | Thoroughbred Breeding and Auctions.

Source of original post

Giannelli, 56, of Dalton, Delaware, was also ordered to pay a fine of $100,000 and to forfeit $900,000.

“This was not a one-time thing,” Judge Mary Kay Vyskocil of U.S. District Court (Southern District of New York) said at the time of sentencing. “For 18 years, Ms. Giannelli marketed and sold what she knew were illegal and powerful performance-enhancing drugs.”

Fishman, who was sentenced to 11 years in prison on July 11 after two felony drug-supplying convictions in a decades-long international racehorse doping conspiracy, has also appealed his conviction and penalties.

The post Giannelli Appeals Conviction, 3 1/2-Year Sentence appeared first on TDN | Thoroughbred Daily News | Horse Racing News, Results and Video | Thoroughbred Breeding and Auctions.

Source of original post