Star Sydney jockey Tommy Berry has been fined $4000 by Racing NSW stewards after pleading guilty to giving misleading evidence during an inquiry into raceday contact with disqualified trainer John O’Shea.
Berry was forced to answer questions from stewards last month after he suggested in a post-race intereview that he had discussions with O’Shea in the lead up to Hovland’s win at Warwick Farm on June 3.
The Rules of Racing dictate that licensed persons cannot have contact with disqualified persons in relation to racing matters.
Then on June 24, Racing NSW stewards issued a charge against Berry for misleading evidence following their initial investigation into the jockey’s post-race interview.
Berry was represented by gun legal eagle Wayne Pasterfield who told stewards that the jockey’s calls to O’Shea were “as a welfare check just the same as when people were checking in on Tommy during his disqualification a few years ago”.
Pasterfield said Berry’s answers to questions about speaking to 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 argued that Berry is 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 stewards.
Pasterfield successfully argued that a fine would be an appropriate penalty “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.”
In assessing penalty, stewards determined the appropriate penalty to be $6000 but having regard to Berry’s guilty plea and other penalty considerations, the fine imposed was $4000.
Stewards also considered whether “O’Shea had breached the prohibitions of his disqualification and, additionally, whether Berry had contacted a disqualified person for the purpose of discussing matters relating to thoroughbred racing”.
The evidence established that there had been communication from jockey to trainer on occasions whereby Berry was riding horses previously trained by O’Shea.
But 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 holiday with his wife, Sharnee, and their young family after a successful season where he has ridden 68 winners to be third behind James McDonald (88 wins) in the Sydney jockeys premiership.
O’Shea was handed a four-month ban for conduct related charges after the scratching of Bev’s Nine behind the barriers at Rosehill Gardens earlier this year.
The trainer ultimately pleaded guilty to the charges in relation to his interactions with Racing NSW vets before a four-month disqualification was imposed which is due to expire later this month.
