By Caryl Williamson

SYDNEY, Aug 30 AAP - The owners of Ortensia will appeal the mare's disqualification from her Group One win in The Galaxy for returning a positive swab.

A urine sample taken from Ortensia after the April 17 race showed traces of ractopamine, a substance used in pigs to increase muscle fibre.

Ortensia's trainer Tony Noonan was found guilty at Monday's inquiry of presenting Ortensia to race with a prohibited substance in her system.

Racing NSW stewards did not impose a penalty on Noonan but the trainer said he would consider an appeal against the conviction.

Managing-owner Alistair Fraser questioned the validity of the sample, the chain of custody and the lack of DNA evidence that the sample belonged to Ortensia.

"Her DNA is on record, why was the sample not DNA tested?" Fraser asked stewards.

"There is no evidence to say what happened, I'm not convinced it is valid."

Racing NSW chief veterinarian Dr Craig Suann and Andrew McKinney from the Australian Racing Forensic Laboratory demonstrated the procedures to Fraser but he was not satisfied.

However, chief steward Ray Murrihy said his panel was satisfied on the evidence the sample came from Ortensia and under the Rules of Racing she must lose the race and the owners have to forfeit the prizemoney.
Fraser and fellow owner Emma Ridley immediately lodged an appeal after the finding.

The Chris Waller-trained Shellscrape was promoted to first, giving Waller six Group One victories for the 2009-10 season.

Noonan said he had never heard of the substance until the positive result was revealed.

"In 25 years I have never had any experience of the product, I have no idea about it at all," he said.

Previous cases of positive swabs to ractopamine in West Australia in 2005 were found to be the result of feed contamination.

The horses involved all lost their wins or placings but the trainers were not penalised.

An exhaustive three-month investigation involving Noonan's feed suppliers failed to show any trace of the product.

"The feed samples all returned negative," Murrihy said.

The rule, AR178, under which Noonan was charged puts ultimate liability on the trainer for bringing a horse to race with a prohibited substance present.

"You are not being charged with administration or any knowledge of it," Murrihy said.

"The rule is absolute.

"Your record is good and no penalty will be issued."

Noonan said he would seek legal advice on an appeal, adding that Ortensia had recovered from a virus she picked up in Queensland.

"She arrives back in Melbourne tomorrow and reports are that she is OK," he said.

"The plan was always to race her at the end of the Melbourne carnival and then take her back to Perth where she won last year."