The California Horse Racing Board Thursday voted unanimously to waive its 72-hour protest rule to allow the owners of the four horses who finished behind Intercontinental in the Sept. 3 Palomar Breeders' Cup Handicap (gr. IIT) at Del Mar to request a hearing for redistribution of the $200,000 purse.
Jim Ford, owner of fourth-place finisher Katdogawn, and Marsha Naify and Woodside Farm, owners of the runner-up Amorama, already have filed protests over the race. Intercontinental is acknowledged by several parties within a report presented by steward C. Scott Chaney to the CHRB's medication committee March 22 to have received a furosemide injection less than the required four hours before post time for the Palomar.
As a result, she should not have been allowed to start. However, according to Chaney's report, miscommunication prevented stewards from learning about the mistake until the day after the race. The veterinarian who administered the bleeding medication, Dr. Amy Nevens, was subsequently fined $750 for submitting a false report over the late shot.
With little comment, the commission directed staff to notify the other owners in the race that a new 72-hour appeal period has been opened and that the previous protests, filed last month after the incident came to the attention of the board, would be allowed to go forward. A board of stewards or an administrative law judge would hear the matter, according to CHRB chairman Richard Shapiro.
Intercontinental, trained by Bobby Frankel for Juddmonte Farms, earned $120,000 for her victory in the Palomar.
Chaney's report determined that nothing unusual was found in Intercontinental's post-race urine analysis and concluded that the late shot did not give Intercontinental a competitive advantage.
Shapiro, who chaired the medication committee meeting as well, told the board that Chaney's report "certainly made it clear there was no cover-up" but that "mistakes were made with respect to the late administration of (Salix)."
He said better procedures need to be adopted for handling such situations in the future.