A STABLE helper who admitted to drugging three race horses was not the one who did it, according to a closed-circuit television recording, the High Court heard on Friday.

Fresh evidence uncovered by the police after his admission of guilt also showed that the liquid in the vial found in Ng Guan Hup's locker did not contain any banned substance.

Because of this, the prosecution applied for a discharge not amounting to an acquittal for the 65-year-old who had pleaded guilty to using a syringe to inject a drug to Arabian Star to make the race horse underperform on race day in July last year.

Two other similar charges are to be taken into consideration.

The owner of the three horses is Ng's nephew, horse trainer Charles Leck.

But District Judge Shaiffudin Saruwan refused to grant the order.

The prosecution then appealed to the High Court.

Deputy Public Prosecutor Lau Wing Yum argued that further investigations showed that Ng was not the person who drugged the horses. He had lied that the vial was used to contain the drugs.

Yet, Ng had admitted to those charges.

The DPP said given the uncle-nephew relationship with Mr Leck, coupled with the strange position that he had taken to admit to the charges and his opposition to be given a discharge, it was highly possible that he had, in some way or another, abetted the offence in a conspiracy.

He urged the court to quash the conviction pending further investigation to determine the actual culprits.

Ng's lawyer, Mr Harold Seet, argued that the prosecution's new fact was a bare assertion, and asked the court to dismiss the prosecution's application.

Justice Lee Seiu Kin reserved judgment.