French trainer Mikel Delzangles has escaped a ban over a treatment given to his Melbourne Cup winner Dunaden on the morning of last Tuesday's race.
In a decision bound to provoke discussion among local trainers, the Racing Appeals and Disciplinary (RAD) Board fined Delzangles $2000.
After a previous case prosecuted under the same rule, Adelaide trainer Paul Beshara received a mandatory six-month disqualification after the discovery on race morning of a puncture mark on the neck of his horse Happy Trails before it was due to run at Moonee Valley in September.
But at Friday's inquiry both the Racing Victoria stewards and the RAD Board declared the incidents to be "light years apart".
Before hearing any evidence from Delzangles, who pleaded guilty, Board chairman Judge Russell Lewis told him he would not suffer the same fate as Beshara.
"The Board will not be contemplating a disqualification," Lewis said.
Lewis said the Board had already decided that "special circumstances" existed in the Delzangles case that would allow the imposition of a fine, rather than the automatic disqualification otherwise called for under the rules of racing.
He said Delzangles' plea of guilty was made at the earliest opportunity, he had shown remorse and that a disqualification would not be in the interests of justice.
Racing Victoria's head of integrity services Dayle Brown agreed a fine was an appropriate penalty.
"The Beshara case bore no similarities," he said.
"The two cases could not be further apart."
He said Beshara had failed to admit his guilt, despite "overwhelming" evidence against him, constantly denying he had treated Happy Trails.
The Delzangles case was prompted by a report from a security guard that Dunaden's groom had administered a paste used to relieve the effects of stomach ulcers in horses.
The paste is not a prohibited substance under the rules of racing.
Lewis also took into account that the paste is labelled as a "complementary food for horses", which complied with Delzangles' evidence that he regarded it as normal, daily nourishment.
As he left the inquiry, Delzangles' only comment was: "Where do I pay?"
A similar case involving the raceday treatment given to the Gai Waterhouse-trained Tres Blue had been scheduled for Friday but has been adjourned to November 15 at the request of her lawyers.