Tommy Berry has avoided a suspension after Racing NSW stewards fined the star jockey $4,000 for providing misleading evidence during their investigation into his phone contact with disqualified trainer John O’Shea. While the penalty allows Berry to continue riding, the broader inquiry remains far from over.
The seven-time Group 1-winning jockey pleaded guilty to a charge of providing misleading evidence during the stewards’ investigation into several race-day phone calls with O’Shea, who is currently serving a four-month disqualification.
The charge did not relate to Berry speaking with O’Shea.
Instead, it centred on the evidence Berry initially provided to stewards during their investigation.
Berry, represented by leading racing barrister Wayne Pasterfield, told the inquiry the phone calls were welfare checks for a close friend rather than discussions about racing. Pasterfield argued Berry misunderstood the questioning, believing stewards were asking whether racing matters had been discussed rather than whether any communication had occurred at all.
Again, he will be ridden by Billy Egan who has ridden him 17 times for five wins including last year’s victory in the corresponding race.
The inquiry began after Berry rode Hovland to victory at Warwick Farm on June 3.
During a post-race television interview, Berry revealed he had spoken with both Tom Charlton and John O’Shea on the morning of the race. Those comments immediately attracted the attention of Racing NSW stewards because licensed participants are prohibited from communicating with disqualified persons on racing-related matters while a suspension is in force.
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Phone records later revealed several brief calls between Berry and O’Shea on race days.
Both men consistently maintained the conversations were limited to checking on O’Shea’s wellbeing during his suspension and did not involve racing matters. Berry also told stewards he understood first-hand how isolating a disqualification could be after serving his own suspension earlier in his career.
While Berry has now received his penalty, the wider investigation remains active.
Racing NSW continues to examine whether any aspect of O’Shea’s conduct during his suspension breached the Rules of Racing. If stewards ultimately determine that prohibited communication occurred, O’Shea’s current disqualification could potentially be extended beyond its scheduled expiry later this month.
For Berry, however, the outcome could have been significantly worse.
A suspension would have sidelined one of Australia’s leading jockeys during an important period of the Sydney racing calendar. Instead, the $4,000 fine allows him to continue riding while drawing a line under the charge relating to his evidence.
The case also serves as a reminder of how seriously Racing NSW treats interactions involving disqualified participants.
Even where conversations are claimed to be unrelated to racing, the perception created by race-day contact is enough to trigger a detailed investigation.
With Berry’s matter now resolved, attention will turn to whether Racing NSW takes any further action against O’Shea as one of the most closely watched integrity cases of the year edges towards its conclusion.
