Craig Kerry
Jockey Tommy Berry and sacked trainer John O’Shea told the inquest that communication between them was restricted to welfare checks and discussions about overseas trips while stewards investigated possible breaches of Randwick’s air conditioning ban.
NSW racing officials launched an investigation on Thursday following televised post-race comments from Berry on June 3 at Warwick Farm showing he had spoken to O’Shea and regular co-trainer Tom Charlton about eventual winner Hovland’s tactics that morning.
O’Shea started disqualification for four months for improper conduct on March 17 and must comply with a long list of restrictions, including participating in horse training. If charged and found guilty, O’Shea’s ban could be reinstated from the time of the offence.
Thursday’s inquest was adjourned without a decision after questioning Berry, O’Shea and Charlton, who is now the stable’s sole trainer.
Superintendent Tom Moxon said Berry’s phone records showed calls between Berry and O’Shea on the morning of June 3. They also showed calls from Berry to O’Shea on the day of the Golden Slipper, March 21; May 30, when he was driving the Athabascan towards Charlton, and June 1 after riding Snow in May in the trial for the firm.
Berry and O’Shea declined to talk about horses during the phone call. Moxon often referred to phone calls on days when Berry was riding or testing horses from the stables.
“I get the questions you’re asking, Mr Moxon,” Berry said towards the end of the inquiry. “You can ask me a few more times if you like, but I honestly can’t give more than I’ve already said.”
Earlier, Berry said: “Driving for them makes you remember picking up the phone to call John and see how he’s doing and see what’s going on.”
Berry said mentioning “Tom and John” during the post-race interview was “force of habit”.
“For too long you’ve been interested in you naming John and Tom,” Berry said. “For a while there I was just referring to John, and obviously that’s not right when Tom is in the company.”
O’Shea said he called all the jockeys, except Berry, who rode in the stable on the day of the Golden Slipper to tell them to talk to Charlton about the race. He said the 22-second call from Berry after the meeting was to tell him he couldn’t make the Phuket training camp, and not about the Serenity run that day.
O’Shea said Berry’s phone call and visit was just a welfare check, and he was “very grateful”.
“He’s right. I’m not in a good frame of mind,” O’Shea said.
He said: “there is no way I would be discussing any horse and rider tactics”.
“And just to tell you how seriously I take this matter. I went 10,000 miles to America to attend … the Kentucky Derby, and we applied to go to a meeting with Racing NSW two weeks before I left,” he added.
“Racing NSW didn’t respond until four days after the race. We still never attended a race meeting on the basis that I didn’t want to compromise my licence.”
“I have not tried to hide my conversations with Tommy Berry. And that is because of the nature of those conversations based on our friendship.”
Moxon also questioned the pair about the change in their WhatsApp conversation on May 14, when the missing message was activated. The message will disappear after 24 hours. Both said they would not know how to change the settings and had nothing to hide.
