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Following an investigation conducted by Racing NSW Stewards, Betting Analysts and Investigators, Stewards issued charges on 6 December 2022, against licensed jockey Tommy Berry. Racing NSW Stewards have also issued charges against registered owner/punter, Zaid Miller.

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

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