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CHRB Investigative Reports Add Details to NYRA’s Amended Charges Against Baffert

In a press release Monday, the New York Racing Association (NYRA) announced that it had amended its ongoing Statement of Charges issued against trainer Bob Baffert to include a pair of positive tests for phenylbutazone (bute) in 2019 in California and a subsequent inspection of the trainer's barn which allegedly uncovered an unlocked medication cabinet, improperly labeled medications and the presence of unsecured phenylbutazone paste.

NYRA has charged Baffert with engaging in conduct detrimental to the best interests of racing and has sought to temporarily ban the trainer from its tracks. A hearing on the matter is scheduled to begin Jan. 24.

Dr. Rick Arthur, who was the California Horse Racing Board (CHRB) equine medical director at the time of the 2019 violations, told TDN Monday that barn inspections are “routine” after a post-race medication positive, and that there is no regulatory requirement for drug cabinets to be locked, even though the board strongly encourages medications to be securely stored.

Arthur also explained that the proper labeling of medications is primarily the veterinarian's responsibility, and that a crucial question is: What were the mislabeled drugs?

“If it's Gastrogard tubes out of the box,” said Arthur Monday, pointing to a commonly used ulcer medication, “it's a technical violation, and not a serious one at all. If it was serious, an official warning or complaint would have been filed against either the trainer or the dispensing veterinarian.”

The investigation reports for the barn inspections–obtained through a California Public Records Act (CPRA) request–shed some light on the nature of NYRA's amended complaint but fail to answer the issue of what the mislabeled drugs actually were.

No subsequent warnings or complaints were filed against either Baffert or the attending veterinarian, Dr. Vince Baker, however.

The Del Mar barn inspection identified by the NYRA press release pertains to the one conducted Aug. 16, after the Baffert-trained Eclair (Bernardini) tested positive for bute after finishing 4th at Del Mar Aug. 3. Baffert was fined $1,500. Eclair tested positive with 2.88 micrograms per milliliter (ug/mL) of bute in her system.

According to the report, the investigator found “25 different kinds of medications that are not properly labeled and expired. There is no lock on the medication cabinet however the tack room door has lock capabilities. Dr. Vince Baker advised he would be taking care of the situation.”

According to the report, Baker told the investigator he did not know how Eclair tested positive for bute. “Baffert stated he thinks someone is intentionally giving bute to his horses and mentioned that he would be offering a reward to help solve the case,” the report added.

According to the report, Baker told the investigator he had treated Eclair no later than 10:30 am two days before the race.

Baker also told the investigator that he treated other Baffert runners with bute the following day, but that he “does not believe he inadvertently treated 'Eclair' by mistake,” according to the report.

The CHRB conducted a separate inspection of Baffert's Del Mar barn Aug. 10, after Cruel Intention (Smiling Tiger) tested positive for bute after finishing 3rd at Del Mar July 27 in the Real Good Deal S.

Baffert was fined $500. Cruel Intention tested positive with 0.51 ug/mL of bute in his system.

In light of the Santa Anita welfare crisis the spring of 2019, the CHRB reduced just months earlier the permissible level of race-day bute from 2 ug/mL to a level of non-detect.

Six days prior to the second barn inspection, the CHRB investigator found “expired medications and those that were up to date were properly labeled. There is no lock on the medication cabinet however the door has lock capabilities,” according to the inspection report.

According to the report, Baker told the investigator he treated three of Baffert's horses at the same time with bute, “and does not know why only one horse [Cruel Intention] tested positive for it.”

The two inspection reports can be read here and here.

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BHA Supports Investigation Into Abattoir Images Displayed in Panorama Programme

Following the broadcasting of the BBC's programme Panorama: The Dark Side of Horse Racing on Monday evening, the British Horseracing Authority announced its support to investigate the images of horses being euthanized in situations which may have harmed their welfare. In addition, several leaders from the British racing industry including the BHA, as well as the Horse Welfare Board will be meeting to discuss further issues raised by the Panorama programme on Tuesday. The BHA will also be in contact with Horse Racing Ireland over the contents of the programme. which, it suggests, show horses, including former racehorses, being euthanised in circumstances which may have harmed their welfare. They also reported that some of the horses had been transported from Ireland to a British abattoir.

The BHA said in a statement, “No one in racing, and no one who loves horses, wants to see them caused distress or suffering at the end of their lives. If there has been a departure from approved abattoir practices and the welfare of the horses involved has been compromised, it is important this is addressed as a matter of urgency. This includes transporting horses over long distances to an abattoir, especially if these have injuries, which is not acceptable under the British racing industry's guidelines for euthanasia.

“The Food Standards Agency, which regulates abattoirs, is responsible for maintaining standards of animal welfare. We would support them if they decide there is evidence of mistreatment of animals which requires investigation, given the public concern that may arise from this programme

“The British racing industry, and the 7000 and more staff who look after our horses day-in, day-out, across Britain, are proud of the unparalleled standards of love, care, attention, and respect our horses receive. Where end-of life decisions are being considered, we want these to take place in accordance with the euthanasia guidelines developed by the industry's Horse Welfare Board over the last 12 months. These aim to ensure that horses' welfare is protected and that all available options for rehoming are examined.

“Our sport has set out its wider approach to equine welfare in a strategy published in 2020, which the programme chose not to highlight. One of the core aspects of this strategy is collective lifetime responsibility, and the report identified the need to further enhance our record in the fields of aftercare and traceability.”

The BHA has already taken significant steps since publishing the above strategy, including:

A review and recommendations for the funding of the aftercare sector;
The introduction of euthanasia guidelines for the industry;
Improving traceability of racehorses, including greater use of digital passports to assist in tracking cross-border horse movements
The development of a £2.5m emergency COVID relief fund for thoroughbreds that risk falling into neglect. So far, this fund has not needed to be used.

Later on Monday evening, the National Trainers Federation also released a statement condemning the practices show in the Panorama broadcast. The statement read: “The scenes at the abattoir shown in Panorama tonight were sickening and the National Trainers Federation (NTF) has no hesitation in condemning those practices. We note that the programme produced no examples of horses trained in Britain suffering a similar fate at this or any other abattoir.

Britain has a well-established and highly esteemed programme for rehoming racehorses trained in this country. Managed by the industry's charity Retraining of Racehorses, the programme has successfully expanded the market for racehorses to move on to new careers away from the racecourse. Such is the demand, our trainers tell us that they have no difficulty finding good new homes for retired racehorses.

Along with all other stakeholders and participants in British horseracing, the NTF fully supports the industry's Horse Welfare Strategy published in 2020 under the auspices of the independently chaired Horse Welfare Board. The strategy notes that “Euthanasia can…sometimes be effective in preventing unnecessary suffering and avoiding a welfare problem.” British trainers take a responsible and compassionate approach with racehorses that have long term injuries. If a vet recommends euthanasia, their aim would be to carry it out at the trainer's premises in a professional and humane way in accordance with the industry's euthanasia guidelines.”

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James Banned 12 Months; Eight Suspended

Irish amateur jockey Rob James, who was shown climbing aboard and sitting astride a dead horse in an eight-second video that circulated on social media last week, has received a 12-month suspension of his qualified riders license and handlers permit from the Irish Horseracing Regulatory Board, which tweeted the result of its investigation late on Wednesday evening. The last eight months of the ban have been suspended by the IHRB, though terms of the suspension were not immediately disclosed. The statement from the IHRB reads as follows:

“The Referrals Committee, Ms. Justice Leonie Reynolds, Mr. Nick Wachman and Mr. Sean Barry convened at the Offices of the Irish Horseracing Regulatory Board (IHRB) on Wednesday, 10th, March 2021 to consider the referral of Mr. Robert James (Rider/Handler) following an Irish Horseracing Regulatory Board investigation into a video circulating on social media which first came to the attention of the IHRB on Tuesday, 2nd March, 2021.

“Having considered the evidence, the Referrals Committee found Mr. James in breach of Rule 272(i) in that he acted in a manner which was prejudicial to the integrity, proper conduct and good reputation of horseracing. They imposed a 12-month suspension of his Qualified Riders licence and Handlers Permit with the last eight months suspended.

“The Committee also notes that Mr. James has stated to the Committee that he will not attend a Racemeeting or a Point-to-Point for the four-month period of his suspension.

“The detailed decision read out by Ms. Justice Leonie Reynolds will be published by the Irish Horseracing Regulatory Board on Thursday.”

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IHRB Launches Second Investigation Into Video Footage

Following the appearance of a distressing image of Gordon Elliott sitting astride a dead horse on his gallops, a further video has emerged from a separate stable of a jockey pretending to ride what appears to be another dead horse stricken on the gallops.

The Irish Horseracing Regulatory Board (IHRB), which is already investigating the circumstances surrounding the photo showing leading National Hunt trainer Elliott, has indicated that it is now doing the same in regard to the eight-second video clip, which is believed to have been filmed at an Irish racing yard.

A tweet posted by the IHRB on Tuesday morning read, “The Irish Horseracing Regulatory Board are aware of further social media content circulating and the matter is under investigation.”

The jockey shown in the video has subsequently been identified in a story by The Irish Field as amateur rider Rob James.

He told the The Irish Field: “I have become aware of a video circulating of me on social media. I would just like of apologise for my actions which were wholly inappropriate and disrespectful to a lovely 5-year-old mare, who unfortunately suffered a sudden cardiac arrest while at exercise earlier that morning, Apr. 30, 2016.

“I sincerely apologise to the owners of the mare, the staff who cared for her, the horseracing industry and all followers of horseracing for my actions. To try defending my stupidity at the time would add further insult and hurt to the many loyal people that have supported me during my career. I have caused embarrassment to my employers, my family and most importantly the sport I love.

“I am heartbroken by the damage I have caused and will do my best to try and make amends to those hurt by my conduct.”

The highest-profile win of James's career to date came when riding Milan Native (Ire) to victory in the Fulke Walwyn Kim Muir Challenge Cup at last year's Cheltenham Festival for trainer Gordon Elliott.

While the outcome of the Elliott investigation is pending, with the IHRB referrals committee set to hear evidence on Friday, Mar. 5, the British Horseracing Authority stated on Monday that the trainer would not be allowed to have runners in Britain. His large stable includes a number of high-profile horses who are being aimed at the Cheltenham Festival, which begins on Mar. 16. Elliott has previously been leading trainer at jump racing's showcase meeting on two occasions. In 2016, he trained the winner of the Cheltenham Gold Cup, Don Cossack (Ire), one of his 32 Festival winners. Horses currently in Elliott's Cullentra House Stables will be permitted to run at Cheltenham if moved to the care of different trainers.

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