Non Raceday Inquiry – Written Decision dated 20 December 2022 – Gordon Lambert

Background:

Subsequent to the running of Race 8 at Woodville race meeting on 3 November 2022, an Information was lodging alleging a breach of Rule 340. The Rule provides:

‘A licenced person, owner, lessee, racing manager, official or other person bound by these rules must not misconduct himself in any matter relating to the conduct of races or racing’.

Details of the breach were not outlined within the Information, but were described within that signed Authority to Charge provided. Same is outlined as follows:

‘On 3 November 2022, Gordon Lambert misconducted himself whilst attending the races as an owner. Mr Lambert is the holder of a Class B Trainers Licence issued by NZTR and he shares in the ownership of the horse BE FLEXI.

BE FLEXI is trained by Jamie Lee Lupton. BE FLEXI was competing in Race 8, ridden by Apprentice Jockey Jeetesh Mudhoo.

Following the race, Ms Lupton told Jeetesh Mudhoo he had ridden the horse really well and the horse had performed as expected.

Mr Lambert then approached Mr Mudhoo in the birdcage and told him he had not tried on the horse and had ridden the horse f…… terrible. He advised Mr Mudhoo he had ridden like s…, and he needed to stop riding on race day.

Mr Mudhoo was visibly shaken by the incident.’

Evidence: Presented by Ms Murrow were the following:

• A Summary of Facts.
• Transcripts of those interviews conducted with Mr Jeetesh Mudhoo, Ms Jamie Lee Lupton, Ms Kim Clapperton (Apprentice Riding Mentor) and Mr Gordon Lambert.

In essence, the Adjudicative Committee are satisfied that the evidence corroborates the ‘circumstances’ provided for in the summary of facts. There is little, if any, contradiction in those interviews conducted with Mudhoo, Lupton and Clapperton.

Decision: 

As Mr Lambert admitted the charge, the breach is deemed to be proved.

Submissions for Penalty:  

A submission was provided with recommendation based upon available precedent. These include

RIB v Neal 25/10/2022 – Misconduct – $500 fine

RIB v Pender 22/02/2022 – Misconduct – $500 fine

RIU v Wynyard 13/02/2021 – Misconduct – $1,200 fine

RIU v Williams 21/03/2020 – Misconduct – $600 fine

RIU v Sharrock 20/08/2018 – Misconduct – $500 fine

RIB sought a fine of $300.

Reasons for Penalty:

Evidence and submissions were considered. The wording of the pertinent Rule remains somewhat broad with misconduct remaining subjective. Nonetheless, the Adjudicative Committee considers that the actions of Mr Lambert (beyond recognising his admission of the breach), does constitute misconduct within the expectations of the racing community.  The language in itself may not cause offence, however the location, context and manner in which it was delivered certainly does. On balance, a $500 fine was deemed appropriate. There is no order as to costs.

Conclusion:

Mr Lambert is fined $500.