Revealed: The comments that led to the ban of trainer John O’Shea

Trainer John O’Shea was charged with improper conduct by Racing NSW for comments not directed at anyone.

The first of the three charges was for comments in frustration made in a public area after the scratching of Bev’s Nine at Rosehill last month.

“Where are the fucking vets?” O’Shea said on arriving at the stable area and added:

“Why are they so fucking useless?”

That was what the first charge in a case which landed O’Shea a four-month disqualification, which is under appeal.

The second charge was for a sarcastic comment to Racing NSW vet Claire Moore, where the charge indicated he spoke over the vet and didn’t allow the vet to respond.

“How many trot-ups do you do this week?” O’Shea was reported as saying in the charge.

“Probably none.”

The trainer said, answering his own question.

The third charge involving Carly Garling involved the conversation O’Shea had with the Racing NSW chief vet. Neither Garling or Moore were the vet that scratched Bev’s Nine, it was Greg Nash at the barriers.

At Tuesday’s appeal, Racing NSW Appeals panel chair Lachlan Gyles SC noted:

“He obviously wasn’t very happy with what had happened.”

Racing NSW head of integrity Michael Cleaver conceded at the hearing that the local rule, which mandated a minimum six-month disqualification for improper conduct, was heavy-handed, but the stewards were constrained by the rule in making their decision.

He also added that under the special circumstances rule, the disqualification could be shortened rather than commuted to another penalty.

O’Shea pleaded guilty and has offered an apology to the two vets, but given the way the rule is currently written, it seemed to be his only course of action.

Because improper conduct carries a mandatory disqualification, the only course of action for any trainer charged under the rule is to plead guilty and hope special circumstances get you a discount.

Prior to 2023, when the local rule was established, improper conduct was mainly dealt with by fines, with a major infraction resulting in disqualification.

O’Shea barrister Matthew Sterling argued the local rule was invalid as it caused ambiguities and inconsistencies, and in essence changed the Australian Rules of Racing.

Gyles SC heard the argument, which had not been made before and had no precedents, and indicated it could take a couple of weeks for him and his panel of Jim Murphy and Judy Foley to come to a decision on the appeal.

He said there is a chance O’Shea might not be disqualified, so he granted him a stay of proceedings pending a decision.

Gyles SC said the case had been expedited by Racing NSW because O’Shea’s disqualification was to start on Tuesday evening, and he needed time to consider the arguments put forward.

He indicated a decision could come before Easter but might take a couple of weeks.