This is from TT.....
Steward Slender explains Bing Crosby decision
Citing both inconclusive evidence and a lack of intent, Del Mar stewards explained their decision to uphold Pure as Gold as the upset winner of the Bing Crosby Handicap (G1) on Sunday despite an objection claiming that the gelding's jockey, Jon Court, struck second-place finisher Bordonaro on the nose with his whip at the eighth pole.
Alex Solis, Bordonaro's jockey, said Court's whip caused Bordonaro to lose his action. Pure as Gold inched away to a half-length win at odds of 23.10-to-1, the longest shot in the field of six. Bordonaro was the 4-to-5 favorite.
Stewards George Slender, Scott Chaney and Grant Baker studied films of the incident for several minutes before ruling there would be no change.
"In our opinion, the tapes could not verify that the horse was actually hit," said Slender of the unanimous ruling. "In order to disqualify a horse, you better be darn sure you're correct."
The comment line on the Equibase chart for the Bing Crosby says that Bordonaro appeared to be struck with a foe's whip. Slender said that even if contact had been verified, a disqualification would not necessarily have followed.
"We spoke to both jockeys, and if there was contact, it wasn't willful," Slender said, explaining that California rules leave some leeway for the stewards to determine whether contact was deliberate and/or significant to the outcome of the race.
Bill Spawr, Bordonaro's trainer, was disappointed with the decision.
"I called it as soon as he did it," said Spawr after the 120-pound high weight had a four-race winning streak snapped. "Didn't you see his head go up in the air? He lost his stride. The other horse came out on him too."
Solis added, "It wasn't a matter of 'I thought' he might have hit my horse, I was sure he hit my horse. I wouldn't have claimed foul otherwise. I also know that Jon didn't do that on purpose. But my horse was intimidated by what happened."
The incident occurred two days after the disqualifaction of Past Tender (Ire) from a victory on July 28 at Del Mar, which prompted owner Jerry Jamgotchian to file a conflict of interest complaint against Slender.
Jamgotchian has a pending lawsuit against Slender, in which he claims Slender seized his filly John's Kinda Girl and forced her to run in the seventh race at Del Mar on August 14, 2005. Jamgotchian's attorney, Ronald Caswell, said it was a conflict of interest for Slender to be involved in the disqualification decision.
"Participation in a ruling by a biased steward is conduct detrimental to the interests of racing and further proof of Mr. Slender's personal animus against Mr. Jamgotchian," Ronald Caswell, Jamgotchian's attorney, wrote in a letter to CHRB Executive Director Ingrid Fermin and Chairman Robert Shapiro.—Steve Schuelein and Jeff Lowe
http://www.thoroughbredtimes.com/tod...65451&subsec=2