The regulator announced the decision on Thursday, saying the charges would be dropped because Latham had already been sanctioned by the ATC with a 12‑month ban for the same incident, and because the investigation was deemed “unnecessary” in light of that penalty.
The probe was commissioned in 2023 when Racing NSW hired Michael Phelan – former chief executive of the Australian Criminal Intelligence Commission and ex‑deputy commissioner of the Australian Federal Police – to examine whether Latham had used “unprovoked verbal abuse” during a confrontation with ATC chief Steve McMahon at Rosehill in March 2023. The matter was later overseen by former Federal Court judge Steven Rares.
Latham’s alleged outburst came amid a high‑profile battle over a plan to sell Rosehill Racecourse to developers who intended to build a “mini‑city” of about 25,000 homes. The deal, championed by Racing NSW chief executive Peter V’landys and backed by Premier Chris Minns, was fiercely opposed by Latham and many ATC members, who warned it would threaten the sport’s future.
In an interim report released by the powerful privileges committee, chaired by Labor MP Stephen Lawrence, members concluded that Racing NSW would not have pursued the investigation if Latham had been a private citizen. The committee warned that, if the final report confirms the investigation was retaliatory, Racing NSW could be found in contempt of parliament for interfering with a member’s parliamentary duties.
Racing NSW acting chief executive Graeme Hinton rejected the committee’s allegation, saying the regulator acted in good faith and withdrew the case only because Latham had already been punished by the ATC. Latham declined to comment, having previously dismissed the probe as “a grave case of hurt feelings”.
The development coincides with a setback for Peter V’landys in a defamation suit against The Thoroughbred Report, which had questioned his role in the Rosehill dispute. V’landys is seeking to amend his defence to include details of his handling of the Racing NSW‑ATC conflict, alleging the publication portrayed him as a liability to the thoroughbred industry.