One of Australian racing’s most respected jockeys will face a further Racing NSW inquiry after Tommy Berry was charged with allegedly providing misleading evidence during an investigation into raceday phone contact with disqualified trainer John O’Shea.
The charge marks the latest development in a matter that has attracted significant attention across the racing industry over the past fortnight, although it is important to note the allegations against Berry remain untested and no finding has yet been made.
The investigation was initially triggered following Berry’s post-race comments after partnering Hovland to victory at Warwick Farm on June 3.
During a television interview, Berry revealed he had spoken with both trainer Tom Charlton and O’Shea on the morning of the race, prompting Racing NSW stewards to examine the nature of the conversations.
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O’Shea is currently serving a four-month disqualification handed down earlier this year, with Charlton assuming responsibility for the stable during the suspension period. Under the Rules of Racing, disqualified persons are restricted from communicating with licensed participants in circumstances connected to racing activities.
During earlier hearings, phone records revealed several brief conversations between Berry and O’Shea on race days where Berry was engaged to ride horses from the Charlton stable.
Berry consistently maintained the calls were personal welfare checks and unrelated to racing matters.
Having previously experienced the challenges of a suspension himself, Berry told stewards he was simply checking on O’Shea’s wellbeing during a difficult period. Phone records presented during the inquiry showed the conversations lasted between 45 seconds and just over one minute.
“I can see how it looks,” Berry told stewards during the inquiry.
“I can only tell you my end of what’s happened.”
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O’Shea also denied any racing-related discussions had taken place and stressed he had no intention of jeopardising his licence.
“There is no way I am going to compromise my licence,” O’Shea told stewards.
The latest development differs from the original inquiry focus.
Rather than charges relating directly to the phone calls themselves, Racing NSW stewards have charged Berry with allegedly giving misleading evidence during the course of the investigation. Berry has reportedly been given until later this week to enter a plea.
Importantly, no charges have been reported against O’Shea at this stage.
For Berry, the matter arrives during another outstanding season in the saddle. The Group 1-winning jockey remains one of Sydney’s most sought-after riders and a major figure in Australian racing.
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The outcome of the inquiry will now be closely watched throughout the industry, not only because of Berry’s profile but also because Racing NSW has consistently adopted a strict approach when enforcing rules surrounding disqualified persons and their interaction with licensed participants.
Until the inquiry concludes, however, the allegations remain just that — allegations — with Berry set to have the opportunity to respond before any final determination is made.
