Aggressive, hostile and unrelenting: Vet’s full complaint revealed as O’Shea’s ban reinstated

Leading trainer John O’Shea will serve a four-month disqualification after the Racing Appeals Tribunal overturned an earlier reduction to his penalty.

It comes as the details regarding the complaint from the vets at the centre of the dispute can be revealed, which includes accusations O’Shea made staff feel ”unsafe, intimidated and uncomfortable”.

O’Shea was initially banned for four months by Racing NSW stewards in March after he pleaded guilty to improper conduct following a confrontation with veterinary officials at Rosehill Gardens on February 21, after his runner Bev’s Nine was scratched at the barriers.

It was a decision O’Shea did not agree with, leading to a confrontation with two race day veterinarian staff.

After pleading guilty, O’Shea successfully appealed to the Racing NSW Appeal Panel, which reduced the suspension to from four months to two months. It ruled the local rule that mandated a minimum six-month disqualification to be invalid.

However, both O’Shea and Racing NSW took the matter further – O’Shea seeking a lighter penalty, while the regulator pushed to have the original sanction reinstated.

On Monday, Justice Geoff Bellew ruled in favour of Racing NSW, ruling the local rule valid and restoring a four-month disqualification.

In the judgement though was the full complaint from Dr Claire Garling, which for the first time revealed the exchanges that led to O’Shea’s ban.

Dr Garling said O’Shea was talking to fellow vet Dr Claire Moore in ‘’a raised voice, in Dr Moore’s personal space with his arms moving around aggressively and pointing his finger repeatedly’’.

‘’Dr Moore was standing in a subdued manner, quietly with her head down, in what appeared to me as an apathetic state, or a person using body language to ask him to stop, however he was not showing signs of calming down, or stopping his behaviour,’’ Dr Garling’s complain stated.

‘’Racing NSW Swab Official Dr Jessica Steenbeeke was walking past Mr O’Shea and Dr Moore with a horse post-race for the swab boxes. She witnessed Mr O’Shea speaking to Dr Moore in a threatening manner. Dr Steenbeeke approached me and stated that Dr Moore required my assistance, due to how she was being treated by Mr O’Shea.”

‘’I moved over to Mr O’Shea and Dr Moore and asked Mr O’Shea politely to please not speak to Dr Moore in that way. Mr O’Shea then turned his attention to me and began speaking to me in an angry and aggressive tone.”

”He was pointing his finger repeatedly, and using his arms aggressively. He stated repeatedly that his horse that had been scratched was not lame, that there was nothing wrong with his horse.”

”I tried to tell him that the horse had been found lame behind the barriers, however he would not give me an opportunity to speak.’’

Dr Garling said she tried to explain their decision to scratch O’Shea’s runner, but his ‘’conduct was inappropriate’’.

‘’He kept barraging me with statements, and questions, without giving me a chance to answer the questions, as he kept speaking over the top of me. His anger and behaviour was escalating,’’ Dr Garling’s complaint said.

‘’Due to his aggressive tone and continued ranting without allowing me an opportunity to speak, I asked whether he would like to move to the stewards’ room to continue the conversation.”

‘’He agreed, but continued speaking in an intimidating manner without moving. I again suggested that we proceed to the stewards’ room and I began walking in that direction.”

‘’Mr O’Shea followed me for approximately 20 metres, continuing to speak in an intimidating tone, before stopping.”

”I continued to the stewards’ room, and he entered the stewards’ room approximately five minutes after me. I approached Mr O’Shea and Dr Moore from the outset as I could see from Mr O’Shea’s body language, and the manner he was speaking to Dr Moore, that his purpose was to be hostile and intimidate Dr Moore.”

‘’When he then turned his attention on me, his tone was aggressive, hostile and unrelenting. His comments were belittling and mocking, as a way to degrade me.”

”His repeated interruptions without giving me an opportunity to speak made sure he dominated the conversation. Mr O’Shea’s manner was intimidating and abusive. He was unprofessional and inappropriate. He used his physical size and stature to make me feel small, and the tone of his voice, as well as his behaviour made me feel unsafe, intimidated and uncomfortable.’’

O’Shea later apologised unreservedly for his behaviour to both vets.

‘’It was certainly not my intention to make you feel uncomfortable,’’ he wrote in his letter to Dr Moore.

‘’The emotions on the day got the better of me. Furthermore, subsequent to our initial discussion, you were kind enough to reach out and continue to attempt to gain a resolution to the situation and in doing so showed your class and commitment to your job.”

‘’That was greatly appreciated and I hope I conveyed my appreciation to you in our discussions. Please be assured that at no stage in our interaction did I mean to question either your competence or your integrity.

‘’I appreciate the wonderful job you do on a weekly basis, and I hope we can put this episode behind us and look forward to working productively together in the future. Again, my sincere apologies to you.’’

O’Shea will be free to return to training in mid-July.