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Gun jockey Tommy Berry has been charged with giving misleading evidence to stewards over the long-running inquiry into Sydney trainer John O’Shea.

Berry, the champion Group 1-winning jockey, was probed over a series of telecommunications with O’Shea, who has been disqualified over a clash with Racing NSW vets after a horse was scratched earlier this year.

Licensed persons are not supposed to contact disqualified participants to discuss any matters pertaining to racing during a ban.

O’Shea is serving a four-month disqualification after being charged for a clash with vets after his horse, Bev’s Nine, was withdrawn before a Sydney race earlier this year. 

O’Shea has denied he swore or physically intimidated the vets and the case has already progressed through the appeals process in NSW.

Bev’s Nine won a race at Canterbury six days after he was scratched on the advice of vets.

Tommy Berry talking to trainer John O'Shea at Randwick in 2020
TOMMY BERRY, JOHN O’SHEA / Randwick // 2020 /// Photo by Jason McCawley (Getty Images)

Stewards later opened a new inquiry when Berry told broadcaster Sky Racing he had on race morning spoken to O’Shea and training partner Tom Charlton after riding Hovland to a win at Warwick Farm recently.

Berry and O’Shea told a subsequent inquiry communication between them was strictly limited to welfare checks.

It’s unclear what sanction Berry will receive if he’s found guilty of the charge, but he will be free to continue riding throughout the Sydney winter.

Investigations into the O’Shea matter and communication with Berry are understood to be continuing. ∎

Adam Pengilly is a journalist with more than a decade’s experience breaking news and writing features, colour, analysis and opinion across horse racing and a variety of sports. Adam has worked for news organisations including The Sydney Morning Herald and Illawara Mercury, and as an on-air presenter for Sky Racing and Sky Sports Radio. Adam won a prestigious Kennedy Award in 2025, named ‘Racing Writer of the Year’ for his work with Idol Horse.

View all articles by Adam Pengilly.

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