Fenton found guilty of possessing performance enhancing drugs

The verdict was handed down today following over 3 hours of evidence at Carrick on Suir District Court today.

Mr Fenton was then ordered to pay over 10 thousand euro in fines and costs for possesssing the performance enhancing drugs and an application to dismiss the case was rejected.

Veterinary inspectors with the Agriculture Department gave evidence of finding a box with over 20 items hidden under a horse rug during a search of Philip Fenton's training yard in South Lodge on the 18th of January 2012- Samples subsequently found that 6 of the items namely antibiotics and steroids – including a kilo of Nitrotain paste.

Vet at the department’s animal medicines division, Caroline Garvan, said Nitrotain, is “probably the most potent anabolic steroid you could source” and would have “serious repercussions” for the Irish equine industry if found in this jurisdiction.

Other items were antibiotics for which there were no vet prescriptions and another anabolic steroid, Ilian Stanabolic which contains Stanozolol.

Mr Fenton said the box and the items were his property and when asked why the box was hidden Mr Fenton said it was to lessen the effect of the inspection.  The court also head they found out of date prescription pads and when they visited Mr Fenton's vet they found his secretary writing up around 20 scripts.

The 49 year olds' Defence Barrister Johnny Walshe questioned the protocol of the search and subsequent storage of the box before testing but – Veterinary Superintendent Brian Flaherty rejected claims that the integrity of the chain of evidence was broken and also disagreed that the Departments special investigations unit was stood down because it wasn't doing its job properly.

An application by Mr Walshe to have the case dismissed on the basis that a search warrant should have been obtained by the inspectors and that Mr Fenton’s rights were “breached” because he wasn’t handed a list of the items found on the day of the inspection and because the products were stored at one of the inspector’s home, was dismissed by Judge Timothy Lucey.

The judge agreed there was some “sloppiness” in the state’s procedures, but the items seized on the day were the same items analysed and found to be unlicensed.

He fined Mr Fenton, who had no previous convictions, €1,000 on each of six of the charges, taking the other two into consideration. Costs were €2,000 and expenses €2,200 and the defendant also has to pay these amounts.

After the hearing, Philip Fenton told reporters he will “consider” an appeal against the conviction but otherwise declined to comment.

The Turf Club’s head of security Chris Gordon said the regulatory body for horse racing will now launch its own investigation and an interview with Philip Fenton will form part of that inquiry.