Tommy Berry fined $4000 after admitting to misleading stewards

A $4000 fine has been imposed on prominent Sydney jockey Tommy Berry by Racing NSW stewards. Berry entered a guilty plea for providing misleading evidence during an inquiry into his contact with disqualified trainer John O'Shea.

Stewards questioned Berry last month after he stated in a post-race interview that he had been in contact with O'Shea prior to Hovland's victory at Warwick Farm on June 3. It is stipulated by the Rules of Racing that licensed persons are forbidden from having any dealings with disqualified individuals concerning racing.

Subsequently, on June 24, Racing NSW stewards laid a charge against Berry for misleading evidence, following their initial investigation into the jockey's post-race interview statements. Representing Berry, legal counsel Wayne Pasterfield informed the stewards that Berry's calls to O'Shea were merely 'as a welfare check just the same as when people were checking in on Tommy during his disqualification a few years ago'.

Pasterfield contended that Berry's responses concerning his discussion with O'Shea on June 3 were 'misleading because he thought the questions were about whether he had spoken to him about racing matters.' Furthermore, Pasterfield asserted 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 added, speaking to the stewards. Pasterfield's argument that a fine was the appropriate penalty was successful, '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 $6000 penalty, but taking into account Berry's guilty plea and other mitigating factors, the fine was set at $4000.

The stewards also examined 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'. Although communication was established from jockey to trainer on occasions when Berry rode horses previously 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 presently on holiday with his wife, Sharnee, and their young family, following a highly successful season where he notched 68 wins, ranking him third behind James McDonald (88 wins) in the Sydney jockeys' premiership.

John O'Shea was issued a four-month disqualification for conduct-related charges stemming from the scratching of Bev's Nine at Rosehill Gardens earlier this year. He admitted guilt to the charges regarding his interactions with Racing NSW vets, which led to the four-month ban that is due to end this month.

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