Racing NSW chief steward Tom Moxon adjourned an inquiry into three raceday phone interactions between jockey Tommy Berry and disqualified trainer John O’Shea.
It comes after Berry said he has spoken to O’Shea since the trainer was banned, but said the conversations were related to how the trainer was coping with his ban.
Stewards took evidence from trainer Tom Charlton, who had been in partnership with O’Shea before his disqualification, Berry and O’Shea for 45 minutes in a Teams link up on Thursday.
Moxon told O’Shea and Berry that stewards would take their time to consider the evidence before deciding if any charges should follow.
Stewards opened an investigation after Berry made a comment after Hovland had won at Warwick Farm, indicating he had spoken with Charlton and O’Shea on race morning.
“I was a lot more positive this morning after speaking with Tom and John, and full credit to them, they didn’t want me to be that positive,” Berry told Sky Racing after Hovland’s win on June 3.
Stewards found three instances where Berry had spoken to O’Shea on raceday when he was riding for Charlton, who is running the stable.
The first was on Golden Slipper when he was riding Quietness for the stable.
“That was early days of the disqualification, and it wasn’t clear what was happening,” Berry said. “We haven’t tried to hide it, we have been honest.”
Berry phoned O’Shea from Brisbane before riding Athabascan on May 30 and finally Hovland last week.
Berry explained when he rode for the Charlton stable he would think about how O’Shea was coping with his disqualification because he had been through it himself.
Each of the three conversations lasted a minute or less and were more of a mental health check-in from the jockey to the trainer and friend.
“Not how long you talk to them, it’s about being there for them,” Berry told stewards.
Then Berry offered that O’Shea didn’t give him much in the phone calls and that was why they were so short.
The rules are clear that licensees aren’t allowed to communicate with disqualified people and Moxon told Berry it was about the perception of his raceday phone calls.
“You guys have the right to ask questions. I can see how it looks. I can only tell you my end of what’s happened,” said Berry, who admitted to also talking to O’Shea outside raceday.
O’Shea told stewards he had warned his staff and riders that they shouldn’t contact him.
“I wouldn’t do anything to compromise my licence,” O’Shea said.
