Craig Kerry
Randwick trainer John O’Shea lodged another appeal and application for a stay of proceedings on Wednesday after having his four-month disqualification for improper conduct changed to a two-month penalty by the Racing NSW Appeal Panel.
O’Shea, a multiple group 1-winning trainer, was hit with three charges two weeks ago for improper conduct towards two Racing NSW veterinarians after an inquiry into his actions following the scratching of Bev’s Nine behind the barriers at Rosehill on February 21.
Racing NSW veterinarians deemed the unbeaten gelding lame and O’Shea disputed the decision with Dr Carly Garling and Dr Claire Moore as Bev’s Nine was trotted up near the Rosehill stalls.
O’Shea apologised to the vets and pleaded guilty to the charges, which then allowed stewards to cut a minimum disqualification for the breaches from six to four months. He then appealed the severity of the penalty and was granted a stay of proceedings to continue training.
The official decision has not been released, but the Herald has been told by sources not authorised to speak publicly that the Racing NSW Appeal Panel ruled the sanction imposed by the stewards was quashed before the panel then imposed a substitute penalty of two months it said was based on precedent.
It is believed the panel ruled stewards erred in making the determination under Racing NSW’s Local Rule 108, rather than the Australian Rules of Racing’s AR123.
O’Shea has now appealed to the Racing Appeals Tribunal and applied for another stay of proceedings. He was granted a stay for the initial appeal, allowing him to continue training in partnership with Tom Charlton while waiting for the decision.
The stable’s runners, including this Saturday’s Doncaster Mile contender Linebacker and ATC Derby hope One Step Closer, are now under just Charlton’s name.
The March 9 inquiry found O’Shea went to the swab area near the race day stalls and was heard to utter an improper comment in a raised voice referring to the veterinarians. He then approached Dr Moore and engaged in a heated interaction during which he spoke in a raised and aggressive tone, repeatedly interrupted her and gestured with his arms while questioning the decision, the inquiry reported. It also reported that when Racing NSW chief vet Dr Garling approached O’Shea, he spoke in a raised and animated manner towards her.
CCTV footage of the incident was shown during the inquiry, which also heard from several witnesses and the involved parties.
The three improper charges covered the uttering of an improper comment referring to the Racing NSW veterinarians, and improper conduct towards each RNSW vet.
