‘Grave case of hurt feelings’: Mark Latham’s behaviour under investigation by former top cop

Racing NSW has engaged one of Australia’s most senior law enforcement figures to investigate an alleged tirade by independent MP Mark Latham towards a race club official.

The incident at Rosehill last week prompted an immediate probe by the Australian Turf Club, of which Latham is a member, but the state’s powerful industry regulator is also assessing the conduct of its most fierce and vocal detractor.

Mark Latham listens to jockey Chad Schofield while trackside at Randwick racecourse last year.Credit: James Brickwood

Michael Phelan, a former chief executive of the Australian Criminal Intelligence Commission and ex-deputy commissioner for national security with the Australian Federal Police, has been hired to carry out a separate investigation into Latham’s trackside run-in with ATC head of corporate affairs and government relations Steve McMahon.

The club, whose controversial proposed sale of Rosehill to the state government for $5 billion is to be voted on by members next month, has said one of its senior officials was on the receiving end of “alleged unprovoked verbal abuse” in the members’ stand at Rosehill during an autumn carnival race meet on Tuesday last week.

The ATC board is understood to have met on Wednesday night to discuss Latham’s behaviour, having commissioned its own external review of it.

Latham faces potential suspension of his membership over the outburst towards McMahon, a long-time friend of Premier Chris Minns who first made the NSW leader aware of the racecourse sale plan in a 2023 meeting that was a focus of last year’s Rosehill parliamentary inquiry.

Michael Phelan (second from left) pictured in 2020 with former Immigration and Border Protection Department secretary Michael Pezzullo and ASIO Director-General of Security Mike Burgess.Credit: Alex Ellinghausen

Racing NSW could take action against him as an industry participant because of his ownership of racehorses, and has brought in Phelan to determine whether the NSW upper house MP was in breach of the Rules of Racing.

The former top cop, who is a sports integrity and policing consultant for the Asian Racing Federation and an advisor to global risk and corporate intelligence consultancy Kroll, has been asked to examine whether Latham was responsible for “conduct detrimental to the interests of racing”.

Under the rules, which give racing authorities wide-reaching powers, it’s stated that a person must not engage in “improper or insulting behaviour at any time towards a PRA [principal racing authority], 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”.

Latham was scathing of Phelan’s appointment on X, formerly Twitter. “Can you believe that the kooks at Racing NSW has [sic] sent me a letter saying they have commissioned a guy who works for Kroll to investigate if I insulted Steve McMahon,” he posted. “A grave case of hurt feelings. Kroll is an American company described by French intelligence as a CIA front.”

Independent MP Mark Latham and the Australian Turf Club’s Steve McMahon.

In the US the company, which is notable for having tracked down Saddam Hussein’s secret riches abroad, has been referred to as a “private CIA”.

Its Australian arm has service agreements with state and federal governments on issues such as anti-bribery and corruption and anti-money laundering and counter-terrorism financing, and it was contracted by the NSW Independent Casino Commission to monitor Crown Sydney before it had its licence for its Barangaroo casino reinstated last year.

Phelan is a strategic advisor for investigations, diligence and compliance for Kroll, but it is understood he has been engaged by Racing NSW in a personal capacity, not in his role with the company.

Racing stewards usually investigate possible breaches of rules and hand down penalties at their discretion, but the regulator opted to have the Latham matter investigated independently because of his public criticism of Racing NSW and its chief executive, Peter V’landys.

It is expected that Phelan will make a recommendation to the Racing NSW board.

Latham, who raised whistleblower complaints against the state racing body during the Rosehill inquiry and has rallied against the track sale, is said to have sworn at McMahon and vowed to bring down the ATC official and the club chairman, Peter McGauran.

Latham did not reply to attempts to contact him on Thursday but said last week that “someone had to tell [McMahon] what everyone thinks of him”.

Racing NSW said it was unable to comment on any matter but would “always ensure due process and natural justice is provided at all times”.

The ATC’s 11,000-plus members began voting online on the Rosehill proposal last month ahead of an extraordinary general meeting to determine whether the plan will go ahead.

It was due to be held on April 3, but six days before then was pushed back to May 12 on the instruction of Racing NSW, which said insufficient information had been provided to members.

Latham and other opponents of the sale have said they believe the meeting was delayed because most members were voting against it.

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