The state's prosecution against racehorse trainer Philip Fenton for the alleged possession of unlicensed animal remedies can proceed as planned following a judge’s rejection of legal submissions made by the accused’s legal team.
However, the case is likely to take some more months to complete after the matter was adjourned today at Cashel district court until September, “for further consideration”.
Judge Terence Finn ruled that the Minister for Agriculture and Food was legally empowered to bring eight charges against Philip Fenton, of Garryduff, South Lodge, Carrick-on-Suir, to the district court, contrary to submissions made by his legal team last week.
The next issue to be considered by the court is whether or not it has jurisdiction to hear the case against Mr Fenton, which includes allegations that he had anabolic steroids at his training yard during a Department of Agriculture inspection in 2012.
“We haven’t come to that point and it’s something that will have to be considered by the court in relation to the allegations,” Judge Finn said.
His ruling followed almost two hours of legal argument last Thursday at Carrick-on-Suir district court.
The trainer’s barrister, Randal Hill said the regulations under which the charges had been laid against Mr Fenton were only introduced in July of 2012 but the alleged offences happened the previous January.
Mr Hill argued that the Minister for Agriculture should only have had authority to prosecute Philip Fenton under regulations dating back to 2007 and 2009.
Prosecuting, senior counsel Seán Gillane said there was an attempt being made “effectively to confer an immunity from prosecution” on Mr Fenton.
Charges against Fenton include allegations that he was illegally in possession of Nitrotain, which contains the anabolic steroid ethylestranol and is reported to improve the muscle mass, strength and stamina of horses.
They also include the alleged possession of Ilium Stanabolic which contains the anabolic steroid stanozolol. Four of the charges allege that Philip Fenton had possession of prescription-only medicines for horses, without having any vet’s prescriptions for the medication, when the Department of Agriculture inspection took place on January 18 of 2012.
