There are not many things more frustrating in the legal process than finding out you will not be able to defend yourself, and you are up against a bureaucracy that has already made up its mind, or alternatively is stacked against you. Imagine the frustration in this scenario if you are A) not guilty of the accusation, and B) others in similar or worse situations were treated differently and even less harshly.
Trainer Graham Motion has enjoyed a spectacular career as a Thoroughbred trainer. His record speaks for itself with wins at the highest levels our sport has to offer. He counts wins in The Kentucky Derby, Breeders’ Cup, and Dubai World Cup on his resume along with many other graded stakes races, and races at every level The Sport of Kings has to offer.
As important to this discussion as Graham’s record on the racetrack, is his reputation and record off of it. For better than 20 years in the racing business, Graham has forged a solid reputation amongst his competitors, owners, racing officials, and fans of our game, as a gentleman, honest trainer who always puts the horse first, animal lover, and genuinely good guy who cares about his horses, owners, and the sport. He’s been an example of the kind of trainer the game needs more of, not less of, and is part of the solution and not the problem. You would be hard pressed to find anyone with any knowledge of our sport to argue a single one of these points.
Graham did not build his reputation and stature in this game simply or solely by the way he carried himself, or by his wins, or by his love of the horse and fair and honest treatment of his owners. It took more than that, especially over the last say 10 years or so, when our sport had had to battle to maintain its reputation and integrity at every level. Graham set an example on how the game should be played honestly. He set the bar high, and showed us all, especially the powers that be in racing, that with hard work, dedication, honesty, and self-sacrificing commitment you can still win at the highest levels without “pushing the envelope” or bending or breaking the rules, or outright cheating. Graham did none of these things, made sure everyone knew it, and had safeguards in place in his barn to prevent anything from falling through the cracks. Racing could not ask or expect more, and should be doing all it can to bring more Graham Motions into the game, not drive them out, or blemish what they have worked a lifetime to achieve. The Graham Motions of racing should not pay the price for an inept system and lack of a properly run central governing body this game desperately needs, who are incapable of weeding out those who truly need to be weeded out or properly sanctioned.
In excess of 11,000 starters, over 2000 winners, and over 20 years of training with an impeccable record, and no positives apparently did not count for anything when the Graham Motion trained Kittens Point came up positive for Robaxin following her win in the 2015 Grade 3 Bewitch Stakes at Keeneland. In no way am I implying he should have been given preferential treatment, or the Kentucky Horse Racing Commission should have turned a blind eye to the allegation or test result. To the contrary, I am saying because of Graham’s record and reputation, they should have made sure he was given due process, and even more importantly they got it right. Actually anyone who falls under the jurisdiction of any authority or governing should be afforded those rights, but in this case, when it certainly should have happened, it appears it didn’t.
Graham Motion has made it known it is his practice, in an abundance of caution to protect himself, his clients, and his horses, that whenever he was made aware of a withdrawal time, he would add a nice cushion to it to avoid any false positives, and eliminate or minimize any margin for error. 11,000 starters over 20 years without a positive speaks loud and clear Graham’s safeguard worked, and there was no carelessness or deviation from it. According to Graham, Kittens Point was treated with Robaxin for the last time prior to The Bewitch 7 days before the race. This is more than double, yes double, the recommended withdrawal guidelines published by The Kentucky Horse Racing Commission, the very same governing body that sanctioned Graham and held his appeal hearing.
Things get worse from here. We have a trainer following the rules as set forth by the appropriate governing body who also enforces them. Apparently the current withdrawal threshold set forth by The RMTC, and subsequently adopted and enforced by The Kentucky Horse Racing Commission is not supported by The Commission’s drug testing expert, Dr. Rick Sams. There is a recently approved paper published by Heather Knych which states the RMTC guidelines for Robaxin are misguided. This is the type of information that should be distributed to horseman immediately upon its verification. Horseman have to be able to rely on the powers that be to provide them with up to date scientific data, on which they can rest assured if followed, they will remain within the rules.
Taking it a step further, Robaxin is a muscle relaxant. The main ingredient is Methocarbamol. It is used as adjunctive therapy for acute inflammatory and traumatic conditions of the skeletal muscle and to reduce associated spasms. Adverse effects of treatment with this drug include but are not limited to lethargy and weakness. Hardly performance enhancing characteristics. To the contrary, a horse with Robaxin in their system would seem less likely to run well. That is not really the issue though. The issue is you can follow the rules as set forth, and then be blemished with an unjust positive. To add insult to injury, you are not permitted due process and the opportunity to defend yourself with all available evidence, even if some of that evidence has ties right back to the authority judging and sanctioning you, and they were obviously aware of it when your penalty was imposed.
Graham was suspended 5 days for the infraction, fined $500, and Kittens Point was disqualified and the purse money was taken away and redistributed. Those who bet on Kittens Point keep their winnings, and those who bet on the second place finisher, Cay Dancer at 11-1, well they don’t even come up in the conversation. With all the technology and resources available today, taking care of the bettor isn’t even part of the exploration process or discussion. They don’t matter.
After the hearing , the KHRC rescinded the 5-day suspension, but left the ruling unchanged. Is this an admission of sorts they recognize a problem? Is it a step to rectify a wrong or appease or placate Graham Motion? Interestingly 10 members of The KHRC voted to drop the suspension. 5 abstained from voting. None voted to oppose the decision. Abstaining doesn’t quite sit right when done in any appeal or judicial process. I’ve heard lawyers refer to it as punting. The inference being they do not want to rule or vote for you, but there is no sound non embarrassing way to vote against you, so punt. Abstain. Let the injustice stand or wash your hands of it and move on. Does anyone in power longer than a day, care about collateral damage?
I believe The KHRC wants to and actually tries to do the right thing. The problem comes back to lack of a central governing body, lack of uniformity in rules, lack of cooperation between tracks and states, and non-racing people in positions of making racing decisions. This is a recipe for failure, and there are way too many chefs in the kitchen to get a good meal.
Most of us are smart enough to know this is really no reflection on Graham, his resume or accomplishments, but nonetheless, it shouldn’t happen.
