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Background

On 23 September 2025, Racing NSW Officials attended the registered stable address of Mr Garry Lunn at Merrilea Lodge, Dubbo for the purpose of conducting a stable audit inspection.

During the inspection, it was identified that a number of stable return records were incorrect.

On 15 October 2025, Racing NSW Official Mr Xavier Dalton attended the registered stable address of licensed trainer Mr Garry to conduct a subsequent stable audit inspection.

At this time, Mr Lunn became irate and acted in an aggressive manner while directing improper and insulting comments towards Racing NSW Steward Mr Xavier Dalton.

Such comments while using expletives included words to the effect of, “You are the dopiest Steward I’ve ever seen” and “You are a drop kick”. Mr Lunn further stated, “Are you a dickhead? That’s bullshit”.

As a direct result of Mr Lunn’s conduct, Mr Dalton advised Mr Lunn that he would not be conducting the stable audit inspection and left the premises.

Mr Lunn followed Mr Dalton out of the stable towards Mr Dalton’s vehicle. Mr Lunn continued his abuse as Mr Dalton approached his vehicle. A short time later, Mr Dalton entered his vehicle and closed the door.

Mr Lunn opened the driver’s door and continued in conversation during which time he continued to swear and question Mr Dalton’s ability to conduct his duties.

Racing NSW Investigators commenced an investigation and conducted interviews with relevant witnesses including Mr Lunn and closed-circuit television footage (CCTV) was obtained.

On 18 October 2025, Racing NSW Stewards issued two (2) charges against Mr Lunn under AR232(c)(ii) and AR228(c) as detailed below.

On 24 October 2024, Racing NSW Stewards conducted a hearing to determine the charges issued against Mr Garry Lunn. A brief of evidence compiled by Racing NSW Investigator Ash Tucker was tendered and oral evidence was taken from Racing NSW Official Mr Xavier Dalton, Mr Garry Lunn and current industry participants.

Stewards considered the evidence and subsequently amended the particulars of Charge 1 and Charge 2.

The hearing was adjourned to allow sufficient opportunity for Mr Lunn to make submissions. On Friday 7 November 2025, Mr Lunn assisted by solicitor Mr Wayne Pasterfield provided submissions which were considered.

Charges issued against Mr Garry Lunn

Charge 1: AR232(c)(ii)

The details of the charge being that, on 15 October 2025, as a direct result of his behaviour directed towards Mr Dalton, he obstructed and hindered Mr Dalton from carrying out his duties as a Steward, to wit, conducting a stable audit inspection.

Plea: Not Guilty

Finding: Guilty

Charge 2: AR228(c)

The details of the charge being that, on 15 October 2025, he engaged in improper and insulting behaviour by directing aggressive, improper and insulting comments language towards Racing NSW Official Mr Xavier Dalton during the course of his duties.

Plea: Not Guilty

Finding: Guilty

Penalty

The following penalty considerations were taken into account:

- Pleas entered
- Objective seriousness of the breaches
- Previous breach of AR228(c) in February 2011 and April 2023
- The provision of LR108(5)
- Mr Lunn’s personal and professional circumstances
- Principles of specific and general deterrence and what message is sent to the industry in respect to such conduct
- The purpose of issuing penalties as a protective measure for the image, interests and welfare of the Thoroughbred Racing Industry

Charge 1: AR232(c)(ii) – 3 months disqualification of licence (to be served wholly concurrent with Charge 2)

Charge 2: AR228(c) – 9 months disqualification of licence

Having regard to LR108(5) and in addition to the orders in respect of concurrency as set out above, Stewards ruled that the total penalty imposed upon Mr Lunn is that his licence be disqualified for a period of 9 months to commence on 14 November 2025 and to expire on 14 August 2026.

Under the powers afforded by AR283(7), Stewards ordered the commencement of the penalty be deferred for a period of seven (7) days, however, during this period Mr Lunn is not to start a horse in a race.

Mr Lunn was advised of his rights of appeal.

THIS MATTER IS SUBJECT TO AN APPEAL.

Relevant Rules

Division 6 – Misconduct by failure to observe official processes and directions

AR 232 Failure to observe processes and directions of PRAs or Stewards

A person must not:

 (c) while the Stewards are exercising their powers, performing their functions or carrying out their duties:

  (ii) obstruct, hinder or delay the Stewards in exercising their powers, performing their functions or carrying out their duties; or AR 228 Conduct detrimental to the interests of racing

A person must not engage in:

 (c) improper or insulting behaviour at any time towards a PRA, 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;

LR108 – Penalties

(5) Where a person breaches AR228(c) and the improper or insulting behaviour is towards a Steward, Investigator, Racing NSW Official Veterinarian, Judge or Swab Official, a disqualification for a period of not less than 6 months must be imposed unless there is a finding that a special circumstance exists, in which case that penalty may be reduced.

(2) For the purposes of AR283 and LR108(5), special circumstances means where:

 (a) the person has pleaded guilty at an early stage and assisted the Stewards or Racing NSW in the investigation or prosecution of a breach of the Rule(s) relating to the subject conduct; or

 (b) the person proves on the balance of probabilities that, at the time of the commission of the offence, he:

  (i) had impaired mental functioning; or

  (ii) was under duress, that is causally linked to the breach of the Rule(s) and substantially reduces his culpability.

- D.R. Hadley (General Manager-Investigations, Racing NSW)