The first day of the 2021 Breeders Cup on Friday (Nov. 5) at Del Mar ended in controversial fashion after a delayed start to the $1 million Juvenile Turf prompted the scratch of the betting favourite, who then competed as a non-betting interest and won handily.

With most of the horses in the starting gate, race favorite Modern Games (1) reared up and was subsequently released out of the front of the gate. Stablemate Albahr (2) also reared up, tipped onto his back and ended up under the gate.

Albahr was scratched from the event, but then Modern Games was also removed from the toteboard as a betting interest. Modern Games did start, and won the event while many in the crowd of 20,000 booed after he crossed the wire.

Late Friday, the California Horse Racing Board issued the following statement on the race.

Concerning the 10th race at Del Mar today, the Breeders’ Cup Juvenile Turf: Prior to the start of the race, #1 Modern Games (IRE) reared up and hit the back of the gate; #2 Albahr (GB) flipped over and became lodged underneath the starting gate. The scratch of #2 Albahr was relayed to the stewards and that horse was taken out of the wagering pools. Albahr appears uninjured. The veterinary staff then relayed a second scratch of #1 Modern Games (IRE) to the stewards based on initial observation. Upon confirmation that #1 also was to be scratched, the stewards removed the horse from the wagering pools. After further discussion among the regulatory veterinarians at the gate and after further observation of #1 Modern Games, that horse was declared fit and racing sound, and this fact was relayed to the stewards, who pursuant to CHRB rule 1974 allowed the horse to run for purse money only. The CHRB and the Breeders’ Cup are reviewing the current veterinary and scratching procedures to ensure that this does not occur going forward.

Rule No. 1974: Wagering Interest.

(a) A wagering interest is any one horse in a race.
(b) If a horse is removed from the wagering pool due to a totalizator error, or due to any other error, and neither the trainer nor the owner is at fault, the horse shall start in the race as a non-wagering interest for the purse only and shall be disregarded for pari-mutuel purposes.
(c) If a horse is removed from the wagering pool to start in a race as a non-wagering interest for purse only and is disregarded for pari-mutuel purposes, the circumstances shall be announced over the public address system at the time the action is taken and thereafter to adequately inform the public. The racing association shall also inform off-track wagering outlets at the time such action is taken.

NOTE: Authority cited: Sections 19420, 19440, Business and Professions Code. Reference: Section 19562, Business and Professions Code.

A statement from The Breeders' Cup followed.

Breeders’ Cup races are subject to CHRB rules, including Rule 1974 B which states: “If a horse is removed from the wagering pool due to a totalizator error, or due to any other error, and neither the trainer nor the owner is at fault, the horse shall start in the race as a non-wagering interest for the purse only and shall be disregarded for pari-mutuel purposes.”

The decisions leading up to today’s Breeders’ Cup Juvenile Turf were made under the authority of the CHRB. Please refer to the advisory put out by the CHRB earlier this evening for additional details and direct any further questions directly to them.

We thank the CHRB for their thorough review of this situation, and we regret the impact this has had on the betting public.

The health and safety of our equine and human athletes is our top priority and we are thankful for the safety of all involved.

On Saturday, the California Horse Racing Board, Del Mar Thoroughbred Club, and Breeders’ Cup issued the following joint statement regarding the Breeders’ Cup Juvenile Turf:

The CHRB, Del Mar, and Breeders’ Cup officials reviewed the circumstances of the Breeders’ Cup Juvenile Turf last night and again this morning.

The CHRB determined that, as discussed in the aftermath of the race, #1 Modern Games was scratched by the stewards on the recommendation of one of the track veterinarians, Dr. Chuck Jenkins, at the starting gate at 17:35:35 PT.

After additional examination and assessment of Modern Games by the attending veterinary team, track veterinarian Dr. Dana Stead concluded that the horse had not been injured and communicated to the stewards that the horse was cleared to run.

Due to a miscommunication between the stewards and the Del Mar mutuels department, Modern Games was reinserted into the pari-mutuel wagering pools at 17:37:01 PT.

At 17:43:49 PT, after it was made clear to the mutuels department that Modern Games was competing for purse money only, the horse was again removed from the wagering pools.

The race went off at 17:47:34 PT.

Per CHRB rules, all wagers on #1 Modern Games in the win, place, show, exacta, trifecta, superfecta, and super high five pools are subject to refund. Daily double and Pick 3 wagers to Modern Games received a consolation payment. Per CHRB rules, in all other multi-leg wagers ending on the 10th race, bettors with tickets including #1 Modern Games and #2 Albahr received the post-time favorite, #3 Dakota Gold, unless they designated an alternate for the race.

As a result of the review, the CHRB, Del Mar and Breeders’ Cup are modifying their injury management communications protocols, so that Dr. Stead will make the final determination with respect to recommended scratches at the starting gate and has sole authority to communicate those recommendations to the stewards.