Tag: Medina Spirit

In Saudi With Country Grammer, Zedan Discusses Medina Spirit

RIYADH, Saudi Arabia–Amr Zedan has a runner in the world's richest race staged Saturday in his home country of Saudi Arabia. The Bob Baffert-trained Country Grammer (Tonalist), whom he part-owns with WinStar Farm and Commonwealth Thoroughbreds, was not however the horse he had hoped to be running.

Zedan's original intention was for Medina Spirit (Protonico) to be lining up in the country from which his name is derived, but the horse who finished first past the post in the last year's Kentucky Derby collapsed and died in December. On Monday he was finally disqualified from the Derby following his post-race positive test for betamethasone, and Mandaloun, who is another in Riyadh for the $20 million Saudi Cup, was officially promoted to winner.

“I have always wanted to take part in the Saudi Cup meet and unfortunately Medina [Spirit] was pointed here but passed away on Dec. 6 with a heart attack,” Zedan said in a press conference at King Abdulaziz Racecourse Friday morning.

“I just could not miss out this year so Bob and I worked backwards and tried to find the best horse that was suited to the Saudi Cup and that was Country Grammer.”

The emotion wrought from Monday's decision by the Kentucky Horse Racing Commission was clear in Zedan's voice when he spoke briefly at Wednesday's post-position draw after selecting gate one for Country Grammer. He expanded on his feelings since first receiving news from Baffert of Medina Spirit's positive test last May.

“I was up on the highest mountain and I was thrown off a cliff,” said Zedan, a board member of the Jockey Club of Saudi Arabia.

“Medina is a horse that I will forever cherish. I don't mean to sound sentimental but I get emotional every time I watch the race–I had to stop watching the race. We came into the [Derby] not expecting a whole lot, we were 12-1. I still have a text message from Bob saying 'there's speed down the outside, we have a chance.' And we won.”

With that result having now been officially overturned and Baffert facing a 90-day suspension, both those decisions are being appealed by Medina Spirit's owner and trainer.

Zedan's loyalty to Baffert is clear. He opened the press conference by declaring him to be “the best trainer in the world in my view” and he added, “I believe in due process and I believe that there is an unjust and uncalled-for witch hunt on Bob Baffert.

“Where we are right now is that we are going through the full due process. We have filed for a stay, we have filed for an appeal in front of the Kentucky Horse Racing Commission, and I have the highest respect for all and I understand, and I believe that once our case is objectively considered we will prevail.”

Mandaloun, currently second-favorite behind last year's winner Mishriff (Ire) (Make Believe {GB}) to lift the Saudi Cup, also has close ties to Saudi having been bred by the late Prince Khalid Abdullah's Juddmonte Farms.

“I have much respect for Mandaloun and much respect for his owners,” Zedan said. “They have been the classiest and they have written the book as to how to conduct, and how to build a premium world-class equine and racing operation.”

He continued, “They have been nothing but supportive. They understand that there is a process, and they have clearly said that if the Kentucky Derby is awarded to Medina again it's with their brother, and I reciprocate by saying that they are both Saudi and I'll be just as happy if they are officially declared the Kentucky Derby winner.”

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CHRB Completes Medina Spirit Postmortem Review

Edited Press Release

Pursuant to California Horse Racing Board (CHRB) Rule 1846.6, a Postmortem Examination Review (PER) was completed on the sudden death of Medina Spirit. This process takes place for every fatality occurring at a CHRB regulated facility and is performed by a team consisting of an Official Veterinarian, a safety steward, and a member of the Board of Stewards–in this case, Dr. Alina Vale, David Neusch (safety steward), and Kim Sawyer (steward).

In all cases, the PER panel strives to learn the circumstances surrounding the fatality, which involves reviewing the necropsy report, medical records, and training records in an effort to identify any at-risk factors in preparation for interviews with the trainers, attending veterinarians, and any other licensees deemed appropriate. A more detailed description is provided in Rule 1846.6.

Based on the forensic examination and the postmortem review on Medina Spirit, the CHRB did not identify any potential CHRB violations that require further investigation.

Click here to view the complete Postmortem Examination Review.

 

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Baffert, Horseplayers Spar Anew in Class-Action Derby Suit

Monday's ruling by the Kentucky Horse Racing Commission (KHRC) that disqualified Medina Spirit from the 2021 GI Kentucky Derby has now triggered dueling letters to the federal judge overseeing the class-action case in which a group of bettors are suing trainer Bob Baffert for allegedly engaging in a years-long pattern of racketeering based on his purported “doping” of Thoroughbreds.

The plaintiffs in the case, led by Michael Beychok, the winner of the 2012 National Horseplayers Championship, on Feb. 22 filed a letter in United States District Court (District of New Jersey) informing the judge that Medina Spirit was disqualified for a betamethasone overage and that Baffert was suspended for 90 days and fined $7,500.

On Feb. 23, Baffert's lead attorney, W. Craig Robertson, III fired back with his own letter alleging that the public filing by the plaintiffs was “inappropriate, misleading, and, most importantly, irrelevant to the Defendants' Motion to Dismiss which is currently pending before the Court.”

Robertson also wrote that the KHRC's decision is not a final ruling, because Baffert plans to appeal it.

“While the final status of Medina Spirit's Kentucky Derby win is far from decided, whether or not the horse is disqualified makes no difference when it comes to the legal issues argued in [Baffert's motion to dismiss the case]. Simply put, Plaintiffs' letter does nothing to rebut the overwhelming authority that the Plaintiffs, a group of disgruntled gamblers, cannot maintain this action as a matter of law.”

The original version of the lawsuit was filed four days after Baffert's disclosure that now-deceased Medina Spirit had tested positive for betamethasone after winning the May 1, 2021, Derby. Baffert, plus his incorporated racing stable, are the defendants.

The class members of the suit have alleged that they were “cheated out of their property” because they placed wagers on other horses and betting combinations that would have paid off had “the drugged horse” not won the Derby.

The plaintiffs' letter Tuesday would seem to indicate that they want the judge to consider the KHRC's Feb. 21 decision to DQ Medina Spirit when ruling on Baffert's currently active motion to dismiss the suit.

Baffert's lawyer underscored that the KHRC ruling should have no bearing on the matter that is currently before the court, which is the motion to dismiss the suit.

“[Baffert] moved to dismiss this matter based on the following legal grounds: (1) lack of personal jurisdiction over the Defendants and improper venue; (2) Plaintiffs' lack of standing to bring their claims; and (3) the failure of the Amended Complaint to state a valid claim under civil RICO or state law. The recent Stewards' Ruling has no impact on any of these legal arguments.

“First, it does not magically create jurisdiction over the Defendants who are based in California and raced Medina Spirit in Kentucky.

“Second, the Stewards' Ruling is preliminary and there is already a proceeding underway before the KHRC to review that ruling since it is not a final decision of the administrative agency. Only now will the matter undergo a full blown Administrative Hearing, including discovery and depositions.

“Thereafter, any ultimate ruling of the KHRC may be appealed to Kentucky's state courts. Thus, we are a long way away (likely several years) from any final decision concerning Medina Spirit's status.”

Robertson continued: “Of particular importance, even if Medina Spirit is ultimately disqualified, the Plaintiffs' claims fail as a matter of law. Among other reasons, this is because the rules of racing provide that pari-mutuel wagering is unaffected by any disqualification. The Stewards' Ruling which the Plaintiffs provided to the Court recognizes this fact when it specifically states 'Pari-mutuel wagering is not affected by this ruling.'

“Plaintiffs' argument that a disqualification somehow creates a compensable injury has been addressed and roundly rejected [in precedent cases]. [T]he case law could not be more clear that, among other things, gamblers with gambling losses are simply not within the class of individuals those laws are designed to protect,” Robertson wrote.

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