The implicit reason in the first justification – that the farther an incident occurs from the finish should impact the disqualification analysis – has no basis in the CHRB rules that Chaney is obligated to enforce, or in logic for that matter. It is telling that the Del Mar stewards have not used it as a reason in any disqualification determination in the last two years, maybe longer.
The howler, however, is the second one: it would have been speculative to determine whether the incident cost Summer Movie a better placing. The job of the stewards is to speculate, or put more accurately, to determine whether the incident cost Summer Movie a better placing. That is the standard the stewards routinely use. Their reports are available on the CHRB website. See, for example, their decision regarding the first race on July 22nd of this year: No disqualification of Distorted Economy was warranted because, even though he crossed in front of Rauschenberg, the latter “was not cost the opportunity at a better placing.” It is not possible to reach that judgment without “speculating” on the effect the incident had on Rauschenberg. Likewise, the stewards made the same determination regarding the seventh race on August 7th, that even though McKenzies Way crossed in front of Doughboy, the “results of this incident did not cost (Doughboy) a better placing.” It is one thing for Chaney to argue that the incident did not cost Summer Movie a better placing, but in saying that it is speculative whether it did or not he is either being disingenuous, or ignorant of the reasons for his own written rulings. Your choice.
Plasticman:
Chaney spoke to your question in the San Diego Union Tribune:
\"Given the fact that (Espinoza, rider of Summer Movie) was not exactly eager to talk to us\" -- he immediately consulted with the connections of Summer Movie after dismounting -- \"we went ahead and made a decision,” Chaney said. “We made the decision before we talked to him. We’re not just going to wait an undue amount of time. Our opinion is that if an inquiry is going on and we’ve asked to talk to both jockeys, they’re going to take time. We didn’t know how long he was going to stand there and talk to the trainer. We’re not going to wait a crazy amount of time if it doesn’t seem that important to them. It was pretty obvious what happened in this case and we did talk to both jockeys afterward. And frankly their comments would have had no influence in terms of the decision.”
Given the embarrassing nature of what he revealed in his comments, Chaney may need a press agent. Among other things.