So Jamie your saying so long as I tube my horse with only water within 48 hours of a race that is Ok and I shouldn't be charged if caught because water is "pedestrian"?

Your actually missing the point entirely here with Mr Pena, the charges are for administering "substances" within a prohibited time frame for those "substances" as published in the rules, the breach being demonstrated by veterinary records. No doubt when the charges are heard the exact nature of the "substances" involved will have bearing on the penalties imposed.