The California Horse Racing Board has completed the investigation into the events involving the Breeders' Cup Juvenile Turf race on Nov. 5 at Del Mar, in which the horse Modern Games (IRE) was inadvertently scratched (removed) from the race but then allowed to compete for purse money only as a non-wagering interest.
No complaints will be filed as a result of the investigation.
While the CHRB does not typically release an investigation report, especially when it does not result in a complaint, given the widespread public interest, a summary of the investigation is provided.
The Board's investigation was conducted by Supervising Investigator Michael Barker, and included 12 percipient witnesses. Those witnesses included personnel from the starting gate (veterinarians, starter, and assistant starters), the stewards, placing judges, personnel in the pari-mutuel office and personnel in the totalizator room.
At the conclusion of the investigation, Supervising Investigator Barker made the following findings:
Albahr was in the number two stall. Albahr reared up over the starting gate, then fell back on to his side, with his legs caught under the number three stall. During this time, the horse in the number one stall, Modern Games, went through the front gate after the gate was opened by starting gate personnel and was uninjured. The veterinarians on scene initially believed that Modern Games had forced his way through the starting gate, and they made the decision to scratch him. When informed by gate personnel that Modern Games did not force the gate doors open, the veterinarians inspected him and advised the stewards that Modern Games was fit to run.
Concurrently, the stewards were advised of the scratch of both Albahr and Modern Games by the veterinarians. The stewards called the scratch into the tote room and both Modern Games and Albahr were removed from wagering.
The stewards were then informed that Modern Games was not injured and was fit to race. The stewards called the tote room to inform them what was occurring and requested that the tote room hold off on the scratch of Modern Games, who has already been removed from the wagering pools. Modern Games was then placed back into the pari-mutuel pool.
Subsequently, the stewards determined that pursuant to CHRB Rule 1974, Modern Games would be required to run for purse money only. The tote room was then informed of the decision and Modern Games was again removed from the pari-mutuel pool. According to the witnesses, the time that elapsed from the initial scratch of Modern Games until the running of the race was roughly 12 minutes.
During the investigation it was clear that inconsistent radio communication affected the events that transpired. Various witnesses indicated that they made calls over the radio that were not heard or received by the intended recipients. At some points witnesses resorted to cell phone communication to ensure their messages were relayed. The investigation noted that the regulatory veterinarians' hurried recommendation to scratch Modern Games could potentially have been avoided if a protocol requiring one person on the veterinary staff and one person in the pari-mutuel department be in charge of scratches had been in place.
The CHRB considered the merit of applying CHRB Rule 1697 to the recommended scratch by the regulatory veterinarians.
However, Executive Director Scott Chaney declined to file complaints for two reasons:
- The difficulty of proving a violation given that a condition precedent to a violation of this rule is that a horse actually broke through the gate; and
- More importantly, animal welfare is of paramount importance in the CHRB's application of rules and creation of protocols. The CHRB will not disincentivize regulatory veterinarians from recommending scratching horses when they have any iota of concern regarding their fitness to race. Just the opposite, the CHRB fully supports regulatory veterinarians erring on the side of animal welfare when there is even a possibility that a horse may not be fit to race.
Despite the fact there will not be any complaints filed in this matter, the CHRB nevertheless endeavors to prevent similar occurrences in the future. To that end, several recommendations have been identified.
Recommendations:
- There is one designated Racing Veterinarian and he or she is the only person who can recommend a scratch to the Stewards and the only person who can communicate a scratch to the Stewards.
- The tote company and the pari-mutuel department must each designate one person who can effectuate a scratch or purse money only designation by the Stewards. Both must agree before either action can take place.
- A horse cannot be placed back into the mutuel pools after it has been scratched without approval of all three Stewards.
- A Pari-mutuel Committee meeting should be held to consider changes to pari-mutuel regulations. Issues that may be considered include but are not limited to: (a) advisability of a purse-money-only designation and (b) requiring ADW companies to follow the example of brick-and-mortar wagering facilities in California by providing bettors with the opportunity to name alternate selections for scratched horses in Pick “n” wagers involving four or more races.
- Associations, particularly on days when there are large crowds and competing bandwidth, must provide an adequate communication system for racing officials.
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