Tommy Berry charged over alleged misleading evidence in O'Shea inquiry

Racing NSW Stewards have charged Tommy Berry with providing misleading evidence after his comments in a post-race interview at Warwick Farm on 3 June, when he rode Hovland to victory for Tom Charlton. Berry told stewards he had spoken that morning with Charlton and with disqualified trainer John O’Shea, and the charge was issued on 24 June, with a hearing still to be scheduled. Berry was given until Friday to enter a plea.

The case puts one of Sydney racing’s most familiar jockeys under immediate scrutiny at a time when reputation and riding bookings matter as much as form. Any penalty handed down could affect Berry’s availability for upcoming meetings, while also testing how tightly stewards police contact with disqualified participants in the middle of an active stable operation.

The charge sits inside a much wider O’Shea matter that has already reshaped parts of the Sydney training scene. O’Shea began serving a four-month disqualification on 17 March after Racing NSW stewards found he engaged in improper conduct toward Racing NSW veterinarians at Rosehill Gardens on 21 February, after the late scratching of Bev’s Nine on veterinary advice. Bev’s Nine later won at Canterbury on 27 February after receiving veterinary clearance.

That disqualification has left Tom Charlton to run the stable on his own while O’Shea is sidelined, and the rules of racing prohibit licensed people from contacting disqualified persons in relation to racing matters. At the inquiry, Berry and O’Shea said the calls were welfare checks, not racing discussions. Racing NSW integrity staff checked phone records and interviewed other participants, including apprentice Anna Roper, as they tried to work out whether the contact crossed the line.

Racing NSW chief steward Tom Moxon said, “When talking about tactics he mentioned he’d spoken to Tom and John on the morning of the race.” That remark now hangs over Berry’s case as well, because the dispute has moved beyond one interview and into how far riders, trainers and stable staff can talk when a disqualification is in force.