Star Sydney jockey Tommy Berry has been handed a $4000 fine by Racing NSW stewards. Berry entered a guilty plea to providing misleading information during an inquiry concerning his raceday contact with disqualified trainer John O’Shea.
Berry was questioned by stewards last month after he indicated in a post-race interview that he had spoken with O’Shea before Hovland’s victory at Warwick Farm on June 3. The Rules of Racing prohibit licensed individuals from interacting with disqualified persons on racing matters.
On June 24, Racing NSW stewards formally charged Berry with providing misleading evidence, following their initial review of the jockey’s post-race comments. Berry’s legal representative, Wayne Pasterfield, informed stewards that the jockey’s calls to O’Shea were intended as a ‘welfare check’, similar to how people checked on Berry during his own disqualification years prior.
Pasterfield further explained that Berry’s responses regarding his conversation with O’Shea on June 3 were ‘misleading because he thought the questions were about whether he had spoken to him about racing matters.’ Pasterfield also described Berry as a ‘breath of fresh air to racing, a person who everyone loves, an ornament to the sport’.
‘He gives his time to sick kids and countless hours of voluntary assistance at fund-raising events,’ Pasterfield told the stewards. Pasterfield successfully argued that a fine was appropriate, ‘given that it is a charge of misleading rather than false evidence, given his plea of guilty at the first opportunity, given his honesty with stewards almost immediately after giving misleading evidence.’
Stewards initially considered a penalty of $6000, but factoring in Berry’s early guilty plea and other considerations, the fine was reduced to $4000.
The stewards also investigated whether O’Shea had violated the terms of his disqualification and if Berry had contacted a disqualified person to discuss thoroughbred racing. While evidence showed communication between jockey and trainer when Berry rode horses formerly trained by O’Shea, stewards ‘could not be satisfied there was sufficient evidence to establish there was a breach to the requisite standard, accordingly, no further action was taken in respect of those matters’.
Berry is currently on a break with his wife, Sharnee, and their children, concluding a successful season that saw him achieve 68 wins, placing him third behind James McDonald (88 wins) in the Sydney jockeys’ premiership.
John O’Shea received a four-month suspension for conduct-related issues following the scratching of Bev’s Nine at Rosehill Gardens earlier this year. He pleaded guilty to charges concerning his dealings with Racing NSW vets, resulting in the disqualification set to conclude this month.
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