Tommy Berry fined $4000 after admitting to misleading stewards

Posted by RS NewsWire at 5:03am on July 3rd
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.

Looking for the best way to bet on upcoming races? Explore the leading online bookmakers and their offers.

More Racing News

Fitzsimmons weighs Flemington or Gunbower options for Onesmoothoperator

The ultimate destination for Onesmoothoperator, Flemington or Gunbower, will be dictated by the prevailing weather conditions and the subsequent state of the Flemington track.Trainer Tim Fitzsimmons expressed a resignation to the likelihood of substantial rainfall at Flemington before Saturday, which would leave the track in a saturated condition.According to Flemington...

Yesterday

Flying start anticipated for Sydney's juvenile season

Sydney's initial two-year-old contenders are set to make early statements at Randwick, with a familiar racing operation expected to have the strongest representation.Gai Waterhouse and Adrian Bott are preparing five young horses for the two juvenile races. Their colts, Flying Houdini and Stasis, are entered for the Breeders' Plate (1000m),...

Yesterday

Mbube's straight-course practice at Flemington

Mbube is well-prepared for the Flemington straight, having had ample practice ahead of his run in the Danehill Stakes.Trainer Lloyd Kennewell capitalised on the opportunity when the Flemington straight was opened for outside horses participating in Saturday's Group 2 Danehill Stakes (1100m).The Danehill Stakes represents a significant lead-in to the...

Yesterday

Flemington track conditions won't deter She's A Hustler's Caulfield Cup lead-up

Grahame Begg acknowledges that a rain-affected Flemington track is far from ideal for She's A Hustler, but the mare is still on track for her Caulfield Cup preparation.According to Flemington track manager Liam O'Keeffe, the course could receive as much as 50mm of rain in the coming days, potentially pushing...

Yesterday

Kerrin McEvoy confident Bangkok Hottie can triumph in Flight Stakes

Despite securing victories in the intermediate legs of the four-race Princess Series, Bangkok Hottie is not the market favourite for the concluding event at Randwick. Pundits are currently favouring Striking Alibi to exact revenge.Striking Alibi remains a strong contender in the betting at $2.60, slightly ahead of Bangkok Hottie at...

Yesterday

Godolphin sees Attica as a Tom Kitten clone

The strategic decision by Godolphin to geld Tom Kitten after he achieved Group 1 success proved to be a masterstroke, not only enhancing his racing future but also providing a blueprint for future operations.Jason Walsh, the racing and bloodstock manager for Godolphin, highlighted how their successful experience with the two-time...

Sep 30th

Genesis Runner set to break through in Dulcify Stakes

With two respectable Group race placings to his name, Genesis Runner is due for a stakes victory, and this Saturday offers an excellent opportunity.The Yulong-owned three-year-old colt is an early favourite for the Listed Dulcify Stakes (1600m) at Randwick this Saturday, having been kept fresh after connections bypassed last weekend's...

Sep 30th

Roulette King's Flemington prospects hinge on weather forecast

Trainer Trevor Rogers is not overly concerned about his useful galloper Roulette King being listed as an emergency for a race at Flemington.Roulette King is the first reserve for the Listed Paris Lane Stakes (1400m) on Saturday, and the weather forecast appears favourable.As of Wednesday's acceptance time, the Flemington track...

Sep 30th

Filly Low Key's win earns stakes race start

After an initial setback, Tim Clark was delighted to see the Tulloch Lodge filly Low Key return to winning form at Rosehill, a significant improvement from her first-up performance.The three-year-old, who started as a short-priced favourite but was narrowly defeated by Threads on the Kensington track, has now seen that...

Sep 30th

The Euphrates poised for Metropolitan challenge

While many European thoroughbreds require a preparation or two to adjust, Gai Waterhouse and Adrian Bott demonstrate a consistent ability to have them perform from the outset.The training duo at Tulloch Lodge have already seen success with horses like the Group 1 victor Sir Delius, who triumphed on his initial...

Sep 30th