Mr Joe Fenech - Inquiry Concluded

Harness Racing New South Wales (HRNSW) Stewards concluded an Inquiry yesterday that commenced on 3 September 2025, into a report received from the Australian Racing Forensic Laboratory (ARFL) that Levamisole was detected in the post-race blood sample taken from TELL ME THIS NZ following its win in Race 5, the OPEN AVENUES PSYCHOLOGY PACE (1720 metres) conducted at Penrith on Thursday 13 February 2025.

The ‘B’ sample was confirmed by Racing Analytical Services Limited (RASL) in Victoria.

Licensed Trainer/Driver Mr Joe Fenech attended the Inquiry via Zoom and provided evidence in relation to his registered training establishment, the subject horse and a treatment of ‘Fenbender 100’ he provided to the horse TELL ME THIS NZ on 10 February 2025, which was recorded in his HRNSW Log Book.

HRNSW Regulatory Veterinarian Dr Martin Wainscott attended and provided evidence to the Inquiry. The certificates of analysis issued by ARFL and RASL in relation to the post-race blood sample were also entered into evidence.

In addition, documents and an ARFL analytical report in relation to a 1 litre container of ‘Fenbender 100’ purchased by HRNSW were also entered into evidence. The analytical report confirmed that a trace level of levamisole was detected in that product. Further, information provided by ARFL also confirmed that fenbendazole was detected in the post-race blood sample subject of the Inquiry.

Mr Fenech pleaded guilty to a charge issued by HRNSW Stewards pursuant to Rule 190 (1), (2) & (4) as follows:

AHRR 190.  (1)  A horse shall be presented for a race free of prohibited substances.

(2)  If a horse is presented for a race otherwise than in accordance with sub rule (1) the trainer of the horse is guilty of an offence.

(3)  If a person is left in charge of a horse and the horse is presented for a race otherwise than in accordance with sub rule (1), the trainer of the horse and the person left in charge is each guilty of an offence.

(4)  An offence under sub rule (2) or sub rule (3) is committed regardless of the circumstances in which the prohibited substance came to be present in or on the horse.

In respect of that charge, pursuant to AHRR 256(6), Stewards did not record a conviction and no penalty was imposed.

In considering penalty, Stewards considered the evidence of Dr Wainscott that was based on the information provided by ARFL. Although the batch of ‘Fenbender 100’ used by Mr Fenech could not be identified, it was possible that batch also contained levamisole. If so, it was also possible that this was the contributing cause of the levamisole being detected in the post-race blood sample. In addition, Dr Wainscott provided evidence that Mr Fenech could not have known if levamisole was in the product he administered to the horse TELL ME THIS NZ on 10 February 2025.

In addition, in consideration of penalty, Stewards were mindful of the following;

• Mr Fenech’s guilty plea;
• Class 2 Prohibited Substance;
• One previous prohibited substance matter;
• Mr Fenech’s licence history and other personal subjective factors.        

Acting under the provisions of AHHR 195, TELL ME THIS NZ was disqualified from the subject race.

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