Written by Kit Gow
Cover image courtesy of John O'Shea Racing
Randwick trainer John O’Shea’s appeal of his four-month disqualification was decided by the Racing New South Wales Appeal Panel on Tuesday, March 31, where the panel ruled that the disqualification be reduced to two months. A key part of their reasoning was their finding that LR108(5) was inconsistent with the Australian Rules of Racing.
The LR108(5) subrule, introduced in June 2025, lays a minimum six-month disqualification on anyone who breaches AR228(c) - by conducting improper or insulting behaviour - towards a Racing NSW official. It does allow for special circumstances that mean the penalty can be reduced.
John O'Shea | Image courtesy of Ashlea Brennan
O’Shea was handed the four-month disqualification on March 17, pertaining to interactions with Racing NSW veterinarians on February 21 over the late scratching of Bev’s Nine (Shalaa {Ire}) at Rosehill.
After entering an early guilty plea and sending letters of apology to the vets, he appealed the ruling and was granted a stay of proceedings by the Appeal Panel on March 24, a decision that Racing NSW indicated they may fight against.
The chief argument at the time of O’Shea’s barrister Matthew Stirling was that LR108(5) could be invalid as it was inconsistent with the Australian Rules of Racing and made material changes to the rules. Only Racing Australia is permitted to make changes to the Rules Of Racing outside of Local Rules.
Stirling further made the argument LR108(5) in essence added a paragraph to AR283(6), which sets out specific penalties for a number of the most serious offences under the rules, such as the use of a jigger, steroids, prohibited substances, and betting offences. Stirling submitted that O’Shea’s offence was of a completely different nature.
Racing NSW head of integrity Michael Cleaver referred to the “undisputed power of Racing NSW” to make local rules and argued that LR108(5) fell within that.
On March 31, the Appeal Panel handed down their decision, which agreed with Stirling that the ruling did add a paragraph to AR283(6) and that it was inconsistent with the Rules Of Racing. They gave O’Shea a reduced sentence of two months of disqualification instead. On April 1, the Sydney Morning Herald reported that O'Shea has lodged another appeal and application for a stay of proceedings.
Horses racing on Wednesday and at the weekend for the stable were under the name of O’Shea’s co-trainer Tom Charlton, who has been granted an interim licence to train on his own.
