Harry Fry avoids punishment as top-class chaser tests positive for arsenic

A top-class chaser may have caused himself to test positive for arsenic by chewing on the wood in his stable, a disciplinary panel heard on Monday.

Hell's Kitchen has been disqualified from fourth place in the Queen Mother Champion Chase of 2019 over the finding but his trainer Harry Fry will not be punished as the panel accepted he had taken all reasonable precautions to prevent inadvertent contamination.

The British Horseracing Authority said it was not possible to be certain about the source of the arsenic but its own expert agreed with an expert hired by Fry that wood in the stable was the most likely source. Creosote applied during Fry's time at the stable could not be the cause, it was accepted, as some of that creosote was found during an unannounced inspection of the yard and found to contain negligible amounts of arsenic.

However, it was suggested that CCA creosote, containing significant arsenic, may have been applied to the box some years before. Wood from Hell's Kitchen's box was found to contain four times as much arsenic as wood from a neighbouring box.

The panel heard that, apart from exercise, Hell's Kitchen had been confined to his box by wet weather for some weeks prior to the Champion Chase. "Horses tend to chew things in their stable when they're bored, when they spend lengthy periods in their boxes," said Roderick Moore, Fry's barrister, and it was accepted that wooden beams in the stable showed signs of having been chewed.

Hell's Kitchen: tested positive for arsenic after the Champion Chase of 2019Credit: Edward Whitaker

The BHA's expert reported that "the horse would have had to ingest approximately 100g of wood in total in order to explain the finding. This could be as a one-off ingestion of 100g of wood or a series of ingestions over a number of days." Moore suggested a smaller amount of wood may have caused the positive test, since the quantity of arsenic present in the wood clearly varied from one spot to another.

Brian Barker QC, delivering the panel's verdict, said: "There is a warning here about the dangers of treated wood, which no doubt will be recognised by those who may be in a similar position. Clearly, there was a prohibited substance found but in these unique circumstances there should be no penalty for Mr Fry as the responsible person."

'Every known precaution is taken'

"Mr Fry runs a state-of-the-art establishment," Moore had told the panel. "Every known precaution is taken. Whenever the BHA gives out advice as to what trainers should be careful about, that advice is taken on board by Mr Fry. There is at present no advice about the risk presented by treated timber."

The BHA was minded to seek a fine from Fry until last week, when Moore, with the aid of an expert veterinary report, persuaded officials to reconsider. It is thought to be just the second time, after the Philip Hobbs case of 2017, that a trainer has not been punished after a prohibited substance was found, which is normally a strict liability offence.

Fry thanked his legal team for helping to reach "a satisfactory outcome in the circumstances". He added: "I should think it'll send jitters up any trainer that has a creosoted stable.

"It was a good run on the day but very disappointing to lose the position. I'm grateful to Mr McManus [owner of Hell's Kitchen] for his support through the case."

Hell's Kitchen recovered to win a graduation chase at Carlisle at the end of 2019. His disqualification from the Champion Chase means that Min is moved up to fourth place behind Altior.

Fry has since moved a short distance to another Dorset stable, for unrelated reasons. He said that Hell's Kitchen has not been in training this season.

Read more from BHA hearings:

'I felt pretty intimidated' – Hollie Doyle complains about treatment by stewards

Aidan O'Brien fined £4,000 for 'million to one' mix-up over Fillies' Mile horses

Apprentice jockey loses appeal against suspension for 'serious misjudgement'

'Crazy' – Warren Greatrex hits out at non-trier insinuation as he wins appeal

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