By Tony O’Hehir

PHILIP FENTON’S barrister has argued the correct protocols were not followed when the Department of Agriculture investigators visited his client’s yard and after the visit as the full hearing into the trainer’s charges over alleged anabolic steroid possession began on Thursday.

Evidence was heard from two Department of Agriculture officials, Brendan Daly and Noel Kelly, who visited Fenton’s stables near Carrick-on-Suir on January 18, 2012 when the substances were found and seized.

Officials discovered a kilogram of Nitrotain and a 20ml bottle of Ilium Stanabolic, both anabolic steroids and illegal for use on horses in Ireland.

In his evidence, Daly claimed the animal remedies and the steroids were found in a cardboard box, covered by a rug, in a building adjacent to where the trainer’s veterinary medicines were stored. The Department is being represented by Sean Gillane, senior counsel, with barrister Johnny Walsh representing Fenton.

Cross-examining Daly and Kelly, Walsh claimed that correct protocols were not followed when the Department’s investigators visited Fenton’s yard and after the visit.

Walsh referred to the absence of a search warrant, a Department exhibits book to record details of the substances found and also pointed to the officials’ alleged failure to caution Fenton on the day in question. He claims that the protocols not being followed was in breach of Fenton’s rights.

The charges against Fenton include allegations he was illegally in possession of Nitrotain, which contains the anabolic steroid ethylestrenol and is reported to improve the muscle mass, strength and stamina of horses.

The charges also involve the alleged possession of Ilium Stanabolic, which contains the anabolic steroid stanozolol. Four of the charges allege Fenton had possession of prescription-only medicines for horses without having any vet’s prescriptions for the medication when the Department of Agriculture inspected.

When the allegations were revealed in February it prompted the BHA to test Fenton’s Cheltenham Festival-bound horses before allowing them to run. The BHA also inspected his yard and testing history, and said no evidence was found of the administration of illegal substances.

The case, before Judge Lucey in the District Court, resumes on Thursday afternoon.