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China Horse Club, Head of Plains Partners, Starlight Racing, WinStar Farm, jockey Mike Smith, and trainer Bob Baffert have filed a notice of appeal challenging the court-ordered disqualification of Justify from the 2018 Santa Anita Derby (G1), reports bloodhorse.com.

In the fall of 2019, the New York Times reported that the 2018 Triple Crown winner had a positive test for scopolamine after the Santa Anita Derby in April 2018. Scopolamine is used to treat gastrointestinal illness in humans and is thought by some experts to behave as a bronchodilator. It’s naturally found in jimson weed, and has been believed to contaminate hay, sometimes resulting in a positive test.

According to the Times, trainer Bob Baffert was informed of the positive test prior to Justify’s trip to Churchill Downs for the Kentucky Derby, and exercised his right to a split sample test at that time. In August, the California Horse Racing Board – which did not issue a complaint or schedule a public hearing – voted unanimously and privately in executive session not to proceed with the case.

Stewards had ruled that they lacked jurisdiction to conduct a disqualification hearing in this matter, but  Los Angeles County Superior Court Judge Mitchell L. Beckloff disagreed. The Court decision issued in December of 2023 stated there is “no reason for remand” as there is “no doubt” the stewards would have disqualified Justify if they understood that they had the authority to do so, thus the Court directed the CHRB to issue a new ruling disqualifying Justify from the 2018 Santa Anita Derby (G1).

Santa Anita stewards officially ordered the disqualification of Justify on March 30, 2024. Connections were ordered to return purse money to the paymaster, and Mick Ruis' Bolt d'Oro was declared the winner.

The new appeal claims that the absence of Justify's connections during the aforementioned proceedings led to "procedural irregularities and denial of due process and/or a fair and impartial hearing."

Read more at bloodhorse.com.

This article first appeared on Paulick Report and was syndicated with permission.

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