Racing NSW stewards have levied a $4000 fine on leading Sydney jockey Tommy Berry. Berry pleaded guilty to providing misleading evidence during a stewards’ inquiry concerning his interactions with disqualified trainer John O’Shea.

Last month, Berry faced questioning from stewards after suggesting in a post-race interview that he had communicated with O’Shea before Hovland’s win at Warwick Farm on June 3. The Rules of Racing explicitly forbid licensed individuals from engaging with disqualified persons on racing-related matters.

On June 24, Racing NSW stewards formally charged Berry with supplying misleading evidence, following their initial review of the jockey’s post-race interview. Berry’s legal representative, Wayne Pasterfield, informed stewards that the jockey’s calls to O’Shea were made ‘as a welfare check just the same as when people were checking in on Tommy during his disqualification a few years ago’.

Pasterfield argued that Berry’s responses regarding his conversation with O’Shea on June 3 were ‘misleading because he thought the questions were about whether he had spoken to him about racing matters.’ He also stated 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 told the stewards. Pasterfield successfully argued that a fine was an appropriate penalty ‘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 assessed the penalty at $6000, but considering Berry’s guilty plea and other relevant factors, the fine was reduced to $4000.

The inquiry also considered 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’. While evidence confirmed communication between the jockey and trainer on instances where 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 currently enjoying a holiday with his wife, Sharnee, and their children, capping off a successful 2026 season where he secured 68 wins, placing him third behind James McDonald (88 wins) in the Sydney jockeys’ premiership.

John O’Shea received a four-month disqualification for conduct-related charges following the scratching of Bev’s Nine at Rosehill Gardens earlier this year. He admitted to the charges concerning his interactions with Racing NSW vets, which resulted in the ban that is scheduled to end this month.

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