Cover image courtesy of Ashlea Brennan
John O’Shea has been permitted to continue training after his appeal before the Racing NSW Appeal Panel on Tuesday, which granted a stay of proceedings on the four-month disqualification handed out on March 17. The panel has reserved their decision on the case for a later date.
Racing NSW stewards initially handed out three charges to O’Shea on March 10 pertaining to interactions he had with Racing NSW veterinarians on February 21 over the late scratching of Bev’s Nine (Shalaa {Ire}) from the third race on the Rosehill card.
According to the stewards’ report for the raceday, the gelding was declared a late scratching when found to be 2/5 lame in the off-hind leg and required a veterinary certificate before running again.
Receiving veterinary clearance on February 26, Bev’s Nine subsequently ran on February 27 at Canterbury and won the $80,000 Canterbury Night Sprint Series Final.
Bev's Nine winning the Canterbury Night Sprint Series Final| Image courtesy of Georgia Young Photography
In the hearing held on March 20, when O’Shea was issued with the disqualification, it was established that he engaged in heated interactions with Racing NSW Official Veterinarians Dr Claire Moore and Dr Carly Garling. O’Shea pleaded guilty to one charge of AR228(b) and two charges of AR228(c).
Under AR228 Conduct detrimental to the interests of racing, ‘a person must not engage in… (b) misconduct, improper conduct or unseemly behaviour; (c) improper or insulting behaviour at any time towards a PRA, the Stewards, a Club, or any official, employee, contractor or agent of any of them in relation to the relevant person’s functions, powers or duties’.
John O'Shea | Image courtesy of Ashlea Brennan
The stewards also gave regard to LR108(5), which states that when AR228(c) is directed at an official must be six months unless there are special circumstances.
In the March 20 hearing, the stewards were satisfied that O’Shea established such circumstances by entering an early guilty plea. His co-trainer Tom Charlton had been granted an interim training licence to continue training while O’Shea was disqualified.
According to transcript excerpts published by betsy.com.au, Racing NSW Appeal panel chairman Lachlan Gyles SC called it “a very interesting case” and granted it would be unfair not to give O’Shea a stay of proceedings.
Lachlan Gyles SC | Image courtesy of Tenth Floor Chambers
The chief argument of O’Shea’s barrister Matthew Sterling is that the local rule LR108(5), which was introduced in 2023, could be invalid, as it was inconsistent and changed the Australian Rules Of Racing. Prior to the rule’s introduction, cases of improper conduct had been punished by fines. Sterling also contended that, if that argument failed, the disqualification should be downgraded to a suspension instead, given O’Shea’s guilty pleas.
The application of punishments for AR 228 have been varied, even since the introduction of LR108(5); on July 11, 2024, licensed trainer Cameron Crockett was fined $1000 for a AR228(c) charge over comments to a Racing NSW Official Veterinarian, and on September 7, 2023, licensed jockey Mikayla Weir was suspended and fined for AR228(b) over comments made to an apprentice jockey. On July 15, 2025, licensed jockey Nyssa Burrells had her licence suspended for AR228(b) over comments directed at a trackwork supervisor.
Gyles indicated that, while the panel would endeavour to come to a conclusion quickly, the ruling could take several weeks, as the argument was an unprecedented one.
Racing NSW head of integrity Michael Cleaver - who was joined over the course of proceedings by chief steward Tom Moxon, the integrity department’s General Manager-Investigations Daniel Hadley, and Racing NSW in-house counsel Pete Sweeney - asked if it would be possible for Racing NSW to contest the stay of proceedings. He also stated that, under the local rule, the disqualification could only be reduced, not changed to a suspension.
The excerpts shared indicate that Racing NSW strongly oppose the stay.
