Britain To Launch New Whip Rules; Backhand Use Only, Potential For Disqualifications Among Biggest Changes

On Tuesday, the British Horseracing Authority (BHA) published 20 recommendations relating to the use of the whip in British racing.

New rules expected to launch in the fall include that jockeys will only be allowed to use the whip in the “backhand position,” and disqualification will be introduced as the ultimate sanction for overuse of the whip. The number of strikes allowed will not be changed; permitted level for use will remain at seven on the Flat, eight over Jumps, in the backhand only

The recommendations and new rules were proposed by the Whip Consultation Steering Group, which consisted of experienced individuals from jockeys, trainers, to members of the racing industry, media, government and horse welfare sectors, and approved by the BHA board.

“The change to using the whip only in the backhand will be a significant one for many riders, and the revised penalties are certainly strict,” said Tom Scudamore, jockey and member of the BHA's Whip Consultation Steering Group. “However, I believe the increase in penalties will have the correct deterrent on those riding. When the whip is used in the backhand position the natural arc in which you use it will mean that it is more frequently landing in the right place with the appropriate amount of force. The result will be visibly improved racing, which has not lost the important benefits of being able to properly focus a horse at the end of a race, or when jumping over obstacles, which is what the padded ProCush whip is intended to be used for.”

“While as jockeys we would prefer not to have seen penalties for whip offences significantly increased, we also have to accept that steps needed to be taken to prevent breaches of the whip rules,” added PJ McDonald, jockey and member of the Whip Consultation Steering Group. “I am pleased that the introduction of the review panel will increase consistency of officiating, and focus not only on penalties but also improving standards of riding.”

Amongst the key recommendations are:

The Rules

– Use of the ProCush whip should continue to be permitted for encouragement, with strong and appropriate regulation of its use
– The whip rules will be amended to restrict use for encouragement to the backhand position only.

Approach to regulation and enforcement

– The regulatory approach to the whip should be reframed to drive continuous improvement, both in standards of whip use and in the consistency of stewarding.
– A whip review panel of stewards will be established, which will assess all potential whip offences and apply sanctions or remedial actions where appropriate.

Penalties

– Penalties will be increased for some specific offences where the current penalty is considered inadequate (view revised penalty structure here)
– Penalty structure for use of the whip above the permitted level in major races to be revised as a doubling of the suspensions for the same offence in standard races
– Disqualification of the horse will be introduced into the penalty framework for particularly serious use of the whip above the permitted level, where there has been a clear and flagrant disregard for the rules (used four or more times above the permitted level)

Other recommendations

– The BHA, on behalf of the racing industry, should commission and support further objective research into the effects of the whip, using any relevant scientific advances to inform policy
– Reasonable efforts should be made by British racing to explain the design, use and regulation of the whip to key audiences.

“It is our view that, as a result of this process, we are continuing to evolve standards of whip use, through a regulatory approach that will be demonstrably and visibly fair in terms of what they ask of our horses and the spirit of fair sporting competition,” said David Jones, Chair of the Whip Consultation Steering Group. “It is inevitable that there will be those who think we have gone too far, and those who think we have not gone far enough. I ask only that the considerable expertise that has provided its input to this process, and the scale of the task in finding consensus across such a broad range of complex factors, be considered as part of any discussion about these proposals.”

A final period of technical discussions will now take place with jockeys and other relevant industry participants, to consider any practical or logistical considerations relating to the new rules, finalize details such as the exact working of the review panel, and to determine the training and education required for both jockeys and stewards prior to the new rules coming into effect. It will also consider how a “bedding in” period will work once the new rules have been implemented, in order to aid the transition. This will feed into the delivery of a full implementation plan.

The current ambition is that the new rules will come into effect in late Autumn, though the exact date will be clarified through this period of technical discussion.

Roly Owers, Chief Executive of World Horse Welfare and member of the Whip Consultation Steering Group, said: “It would have been easy for racing to carry out this review in its own bubble, but by including an equine welfare organization within the Steering Group itself they showed they were willing to consider other views and be asked some fundamental questions… Racing of horses, like all horse sport, can only continue to take place if the sport maintains the support of the public, which will require everyone in racing to justify their use of the whip in the context of horse welfare, and show that they can be trusted to adhere to and enforce these rules.”

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Colonial Downs Kicks Off 2022 Season With Record Opening Day Handle

Colonial Downs kicked off its “More Racing, More Money, More Fun” summer racing season in grand fashion Monday, with a large crowd on hand, a record opening day handle and “Chamber of Commerce”-type weather.

A crowd of 3,077 — up 23 percent from last year's opener, saw 11 races, ten of which were over the Secretariat Turf Course. Two non-betting steeplechase races kicked off the afternoon festivities followed by nine flat races including a four-pack of $125,000 turf stakes races for Virginia-bred/sired horses. Total handle of $3,029,205 was an all time record for opening day, up 13 percent from last year's $2.6 million day.

“It's great to see opening day results signal a successful race meet to come,” said John Marshall, Executive Vice-President of Operations. “We thank our horsemen for committing to Colonial, our team for executing on service and the public for believing in the entertainment and wagering value of Colonial Downs. These results do not come easy in times like these and are driven by a genuine team effort. If you liked what you saw today, stay tuned for more to come!”

Eclipse Thoroughbred Partners and Twin Creeks Racing Stables' Largent connected for the second time in the Edward P. Evans Stakes, capturing the '22 edition by one-half length over fast closing Alex Joon. The 6-year-old Into Mischief gelding, who entered the race with $504,320 in earnings, won the 2020 Evans in his only other New Kent start.

Paco Lopez led the effort for Hall of Fame trainer Todd Pletcher in the one-mile turf event. Largent raced second behind Passion Play — winner of the '21 Evans — until midway through the second turn when he made his move. The winner took control by 2 1/2 lengths at the top of the stretch then crossed in 1:35.81 to record his seventh career win from 14 starts. Kendama finished third.

D. Hatman Thoroughbreds and Kingdom Bloodstock's Determined Kingdom powered home by 5 1/2 lengths in the $125,000 Punch Line Stakes with Trevor McCarthy aboard. The 3-year-old Animal Kingdom gelding, winner of last year's Jamestown Stakes at Colonial, was fresh off a victory in the James Murphy Stakes at Laurel a month ago. 2019 Jamestown Stakes winner Embolden finished second and '21 Punch Line winner Boldor was third.

Lothenbach Stables' Mo Clare's authored a gate-to-wire performance in the 1 1/16 miles Brookmeade Stakes for fillies and mares. The 5-year-old Uncle Mo mare crossed in 1:43.22, 1 1/2 lengths ahead of '21 Brookmeade winner Urban Fairytale. Winning trainer Chris Block's 30-horse stable is competing in Virginia for the first time.

Sam English II's Chambeau had a most impressive career debut Monday with a gate-to-wire effort in the 5 1/2-furlong M. Tyson Gilpin Stakes. Led by Colonial's all-time leading rider Horacio Karamanos, the 5-year-old daughter of Japan-bred Karakontie crossed 3 1/4 lengths the best in 1:03.64. Susan Cooney's Carolina Sun finished second and Eagle Point Farm's Tea In China took third.

Two big payoffs also highlighted opening days festivities. The first race was won by Allison Fulmer's The Happy Giant won went off at 26-1 and paid $55.80. Biggest payout of the day came from Andy Dion's Luca Drew the Ace who was sent off at 51-1 — and prevailed. The 5-year-old Field Commission gelding returned $105.20 and triggered a $1 trifecta payout of $52,170.

Racing resumes Tuesday at Colonial with a 9-race card beginning at 1:45 PM.

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Fishman Shows No Emotion As He Is Sentenced To 11 Years In Federal Prison

Dr. Seth Fishman, the Florida veterinarian snared in the federal government's sweeping horse doping investigation, was sentenced July 11 to an 11-year prison sentence in the U.S. District Court for the Southern District of New York.

The sentence is the longest meted out in the case that led to charges against 31 individuals, including prominent trainers Jorge Navarro and Jason Servis. Fishman is the 11th to be sentenced, which includes Navarro. Most of the others have pleaded guilty and await sentencing. Servis faces trial next year.

Fishman, who has been behind bars since his conviction five months ago on two counts of conspiracy to commit drug adulteration and misbranding, appeared in court in prison garb and addressed the court before being sentenced. Prosecutors say that over 20 years Fishman supplied illegal performance drugs to hundreds of trainers, including Navarro, who pleaded guilty last year and was sentenced to five years in prison.

“I really have to apologize for what I did,” the 51-year veterinarian said. “There's no excuse for my behavior.”

In a rare admission, Fishman conceded violating the law and conspiring with others.

“I should have never pushed the envelope and helped trainers,” he said.

He told Judge Mary Kay Vyskocil he now lacked any desire to “practice medicine” on animals.

“I have no desire to make another substance for a racehorse again,” Fishman said as his family looked on from the gallery.

Fishman concluded his brief remarks by telling the judge that whatever sentence she imposed, “10, 15, or 20 years, I just want to be a better person.”

He showed no emotion as the sentence was handed down.

In addition to his prison time, the veterinarian will be held jointly responsible for $25 million in restitution along with Navarro and other co-conspirators.

The restitution represents Navarro's total purse winning during from 2016 to 2020.

In addition, Fishman must forfeit $13.5 million, which is what he earned from his business of manufacturing and distributing his performance-enhancing substances which prosecutors say were designed to evade detection in post-race testing.

His sentence also includes a $250,000 fine. Prosecutors introduced evidence showing that Fishman's business earned millions of dollars a year.

Vyskocil told Fishman's by his actions misled racing regulators and drug regulators, as well as others.

“You misled competitors of your clients and the betting public,” she said.

She told him that as a veterinarian, “you enjoyed a special position of trust and you abused that trust.”

The judge said the PEDs Fishman manufactured were harmful to racehorses because they were designed to push them beyond their natural abilities.

She said that in addition to putting at risk horses that were doped with his PEDs, Fishman put at risk the other horses who ran in the race and jockeys who rode those horses and could have been hurt if a horse broke down.

She noted that Navarro paid Fishman credit in a text after winning the 2019 $2 million Dubai Golden Shaheen Sponsored by Gulf News (G1) at Meydan Racecourse with X Y Jet and that the horse died less than a year later.

“To say there was no risk to horses is just not accurate,” she said.

Vyskocil told Fishman that his motive was greed and that up until the sentencing there had been a complete lack of remorse on his part.

Vyskocil said an 11-year sentence was warranted given the sentences of defendants.

She also said she hoped it would act as a general deterrence.

“I know this case has been followed extensively in the racing industry. It is my hope that the sentence acts as a general deterrent to those who might be engaging in the same scourge of criminality.”

Prosecutors had recommended a sentence of 10 to 17.5 years. Fishman faced a maximum of 20 years in prison under federal sentencing guidelines.

Prosecutor Sarah Mortazavi told Vyskocil that a significant sentence was warranted given that Fishman had shipped his illegal PEDs all over the country to hundreds of trainers.

“It was all designed to help a competitor get an illegal edge,” she said.

During her remarks she said Fishman's claims at trial that as a veterinarian he cared about animals was a “self-serving myth.”

Fishman attorney Maurice Sercarz appealed to the judge for a sentence of less than 10 years.

He said Fishman should be given leniency because of his client's psychiatric disabilities, which he said were “substantial.”

He said Fishman suffers from acute anxiety, depression and had been diagnosed with a bipolar disorder.

Fishman missed the last two days of his trial after being admitted to a psychiatric hospital.

The proceeding ended with Vyskocil telling Fishman that she heard what he said and that he wanted to be a better person.

“Hopefully you'll be getting well,” she said. “You do have some demons.”

The Thoroughbred industry's leading publications are working together to cover this key trial.

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Trainer Kenny Smith Suspended 15 Days: ‘Credible Evidence’ Methamphetamine Positive Caused By Groom

The Board of Stewards at Prairie Meadows in Altoona, Ia., has issued a 15-day suspension and $1,000 fine to trainer Kenny Smith after his trainee, Drag Malibu, tested positive for methamphetamine on May 29, 2022. According to the ruling, “credible evidence” was brought forth during Smith's hearing to suggest that the positive test was the result of contamination from a groom.

The groom, Jason Brooks, tested positive for methamphetamine (among other drugs) on June 8, 2022, when Prairie Meadows had him submit to a drug test after causing a disturbance in the stable area. As a result, Brooks' license was summarily suspended.

During Brooks' hearing on July 1, 2022, the groom told the board that he put the bridle and tongue tie on Drag Malibu on race day and that the methamphetamine could have been on his fingers and thus could have been on the tongue tie.

The Association of Racing Commissioners International, Inc. (ARCI), which publishes the Drug Testing Standards and Practices Program Model Rules Guidelines, currently classifies methamphetamine as a Penalty Class A (ARCI-011-020 (E)). The recommended penalty for a first offense is a minimum 1 year suspension absent mitigating circumstances. The ARCI also recommends the horse be disqualified, loss of purse and the horse pass a commission – approved examination before becoming eligible to be entered.

During the stewards' hearing on Smith's suspension, held on June 30, 2022, Smith told stewards that Brooks was responsible for the both the race-day and daily application of the tongue tie on Drag Malibu. Assistant trainer Tyrone Shaw confirmed those statements, and veterinarian Dr. Gordon testified that Brooks held Drag Malibu during routine evaluations.

The board of stewards' report notes that research shows medications which are administered sublingually dissolve under the tongue, without chewing or swallowing, absorption is quick, and higher drug levels are achieved in the bloodstream.

For those reasons, in determining the penalty for Trainer Smith, the board of stewards found that there were mitigating circumstances in Drag Malibu's methamphetamine positive.

“There is credible evidence that “Drag Malibu's” positive was caused by Groom Brooks,” the ruling states.

Stewards issued Smith a 15-day suspension and a $1,000 fine, while Drag Malibu was disqualified from his first-place finish in the third race on May 29 at Prairie Meadows. All purse monies were ordered to be redistributed accordingly.

In addition, Drag Malibu has been placed on the vet's list and “must pass a Commission-approved exam” before being allowed to run.

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