Golden Slipper winning jockey Tommy Berry has been hit with five charges by Racing NSW stewards along with a registered owner-punter

Star jockey Tommy Berry has been hit with five charges including allegedly using a mobile phone in the jockeys’ room during race meetings.

Tommy Berry has had five charges levelled at him by Racing NSW stewards. Picture: AAP Image–Mark Evans
Tommy Berry has had five charges levelled at him by Racing NSW stewards. Picture: AAP Image–Mark Evans

Champion jockey Tommy Berry is strenuously maintaining his innocence after being slapped with five serious charges by Racing NSW stewards involving his association with a prominent punter.

“I don’t believe I have done anything wrong,’’ Berry told The Daily Telegraph last night.

“Stewards have a job to do, I respect that, and I am waiting for the hearing date so I can clear my name.’’

Racing NSW stewards issued the charges against Berry on Tuesday which include two alleged offences of “accepting or agreeing to accept a consideration” from owner-punter Zaid Miller back in March.

The jockey has also been hit with two charges of having a mobile phone in the jockeys room and for conduct prejudicial to the interests of racing.

Miller has also been charged with five offences relating to his involvement with Berry and with the charge of conduct prejudicial to the interests of racing.

Berry, who is regarded as one of the sport’s “cleanskins”, is among four jockeys charged by Racing NSW stewards this week.

Jockeys Jordan Mallyon and Jack Martin have been charged with various offences including betting on thoroughbred races and giving misleading evidence to stewards.

Another owner-punter, Jacob Hoffman, has been issued with eight charges including his conduct in relation to Nisbet and Martin, and also for providing false or misleading evidence to stewards.

Racing NSW chief steward Steve Railton confirmed the charges issued against the four jockeys and two punters “emanated from the same investigation”.

“There has been a fairly lengthy investigation and as a consequence charges have been issued against a number of jockeys and two registered owner-punters,’’ Railton said.

“This investigation has produced an extensive brief of evidence so the matter might not be heard for some weeks.’’

Sydney legal eagle Wayne Pasterfield confirmed he will represent Berry and possibly both punters when the stewards set a date for the hearing.

“I have to get through a brief of over 1000 pages and that will take some time,’’ Pasterfield said.

“The date I have suggested for the hearing to Mr Railton is January 17 at the earliest.’’

Berry, who is currently in the top five on the Sydney jockeys premiership with 20 wins this season, informed stewards on Wednesday morning he was feeling unwell and did not ride at the Warwick Farm midweek meeting.

But the charges issued against Berry do not prevent him from riding prior to the stewards hearing, and he is likely to be back in action at Canterbury on Friday night.

Berry also has a strong book of eight rides at Royal Randwick on Saturday including Diamil in the $2m The Ingham.

Champion Sydney jockey Tommy Berry has been hit with five charges. Picture: Jenny Evans/Getty Images
Champion Sydney jockey Tommy Berry has been hit with five charges. Picture: Jenny Evans/Getty Images

TOMMY BERRY

Charge 1 – AR115(1)(b) Did accept and/or did agree to accept a consideration in connection with a horse in a race without the consent of the Stewards on 24 March 2022.

Charge 2 – AR115(1)(b) Did accept and/or did agree to accept a consideration in connection with a horse in a race without the consent of the Stewards on 29 – 30 March 2022.

Charge 3 – AR218(4)(b) Between 14 October 2021 and 21 September 2022 did have in his possession in the jockey’s room at various locations during race meetings a mobile telephone.

Charge 4 – AR218(4) (c) Between 14 October 2021 and 21 September 2022 did use a mobile phone in the jockey’s room at various locations during race meetings.

Charge 5 – AR228(a) Did engage in conduct that was prejudicial to the image, interests, integrity or welfare of racing by providing tips and accepting a consideration from Zaid Miller.

ZAID MILLER

Charge 1 – AR227(a) Did engage in conduct which led to licensed jockey Tommy Berry, being in breach of AR115(1)(b).

Charge 2 – AR227(b) Was a party to a breach of AR115(1)(b) committed by licenced jockey Tommy Berry.

Charge 3 – AR227(a) Did engage in conduct which led to licensed jockey Tommy Berry, being in breach of AR115(1)(b).

Charge 4 – AR227(b) Was a party to a breach of AR115(1)(b) committed by licenced jockey Tommy Berry.

Charge 5 – AR228(a) Did engage in conduct that was prejudicial to the image, interests, integrity or welfare of racing through his association with licenced jockey Tommy Berry.

RELEVANT RULES OF RACING

AR115 Jockey and apprentice jockey misconduct

A jockey or apprentice jockey must not:

(b) other than from his or her nominator, accept or agree to accept any money, gift, or other consideration in connection with a horse in race without the consent of the Stewards and his or her nominator.

AR218 No transmission of certain information in certain areas at racecourses

Without the permission of the Stewards, a person (including but not limited to a jockey) must not:

(b) have in that person’s possession in the jockey’s room;

(c) use in the jockey’s room,

Any mobile telephone, tablet, radio transmitter, radio transceiver or any other appliance, apparatus, instrument or equipment capable of receiving or transmitting information.

AR 227 Breaches of the Rules

Without limiting any other powers, a PRA or the Stewards may penalise any person who:

• Commits any breach of the Rules, or engages in conduct or negligence which has led or could have led to a breach of the Rules

• Attempts to commit, aids, abets, counsels, procures, connives at, approaches or requests another person to commit, conspires with another person to commit, or is a party to another person who commits, a breach of the Rules.

AR228 Conduct detrimental to the interests of racing

A person must not engage in:

(a) Conduct prejudicial to the image, interests, integrity, or welfare of racing, whether or not that conduct takes place within a racecourse or elsewhere

Racing NSW stewards also charged jockeys Jordan Mallyon, Jack Martin and Kayla Nisbet and owner-professional punter Jacob Hoffman.

The charges which will be heard by Racing NSW against the four are as follows.

Following an investigation conducted by Racing NSW Stewards, Betting Analysts and Investigators, Stewards issued charges on 6 December 2022, against licensed jockeys, Jordan Mallyon, Jack Martin and Kayla Nisbet.

Stewards have also issued charges against registered owner-professional punter, Mr Jacob Hoffmann.

Charges will be heard at Racing NSW Head Offices on a date to be fixed.

JORDAN MALLYON

Charge 1 – AR115(1) (c) Did bet on thoroughbred races on the 7 November 2021 and between 23 January 2022 and 25 June 2022.

Charge 2 – AR232(i) Did give false or misleading evidence at an inquiry conducted by Stewards on 20 October 2022.

JACK MARTIN

Charge 1 – AR115(1) (c) Did bet on thoroughbred races on 4 June 2022.

Charge 2 – AR232(i) Did give false or misleading evidence at an interview conducted by Stewards on 8 September 2022 and at a Stewards’ inquiry on 20 October 2022.

Charge 3 – AR115(1) (c) Did have an interest in bets on thoroughbred races by accepting sums of money from Jacob Hoffmann.

Charge 4 – AR228(a) Did engage in conduct that was prejudicial to the image, interests, integrity or welfare of racing by providing tips for thoroughbred horses, some of which he was riding and accepting sums of money from Jacob Hoffmann for doing so.

KAYLA NISBET

Charge 1 – AR115(1)(b) Did accept money from Mr Jacob Hoffmann in connection with a horse in a race without the consent of the Stewards on 6 May 2021

Charge 2 – AR232(i) Did give false or misleading evidence at an interview conducted by Stewards on 8 September 2022.

JACOB HOFFMAN

Charges 1 – AR227(a) Did engage in conduct which led to licensed jockey Kayla Nisbet, being in breach of AR115(1)(b).

Charge 2 – AR227(b) Was a party to a breach of AR115(1)(b) committed by licenced jockey Kayla Nisbet.

Charge 3 – AR227(a) Did engage in conduct which led to licensed jockey Jack Martin being in breach of AR115(1) (c).

Charge 4 – AR227(b) Was a party to a breach of AR115(1) (c) committed by licenced jockey Jack Martin.

Charges 5 & 6 – AR232(i) Did give false or misleading evidence at an interview conducted by the Stewards on 8 September 2022

Charge 7 – AR232(b) Did fail to comply with a direction from the Stewards on 8 September 2022.

Charge 8 – AR228(a) Did engage in conduct that was prejudicial to the image, interests, integrity or welfare of racing through his association with licenced jockey Jack Martin.

RELEVANT RULES OF RACING

AR115 Jockey and apprentice misconduct

A jockey or apprentice jockey must not:

(b) other than from his or her nominator, accept or agree to accept any money, gift, or other consideration in connection with a horse in a race without the consent of the Stewards and his or her nominator.

(c) bet, or have any interest in a bet, or facilitate a bet, on any thoroughbred race or contingency relating to thoroughbred racing in any jurisdiction anywhere in the world.

AR 227 Breaches of the Rules

Without limiting any other powers, a PRA or the Stewards may penalise any person who:

• Commits any breach of the Rules, or engages in conduct or negligence which has led or could have led to a breach of the Rules.

• Attempts to commit, aids, abets, counsels, procures, connives at, approaches or requests another person to commit, conspires with another person to commit, or is a party to another person who commits, a breach of the Rules.

AR228 Conduct detrimental to the interests of racing

A person must not engage in:

(a) Conduct prejudicial to the image, interests, integrity, or welfare of racing, whether or not that conduct takes place within a racecourse or elsewhere.

AR232 Failure to observe processes and directions of PRAs or Stewards

A person must not:

• fail or refuse to comply with an order, direction or requirement of the Stewards or an official

(i) give any evidence at an interview, investigation, inquiry, hearing and/or appeal which is false or misleading.

Originally published as Golden Slipper winning jockey Tommy Berry has been hit with five charges by Racing NSW stewards along with a registered owner-punter