Concrete contractor and fraud accused Jason Mark Lambert pictured in the Hamilton District Court in August during his judge-alone trial. Photo / Belinda Feek
Concrete contractor and fraud accused Jason Mark Lambert pictured in the Hamilton District Court in August during his judge-alone trial. Photo / Belinda Feek
A Waikato tradie accused of leaving numerous clients out of pocket has been cleared of most of his charges, while the judge has taken a swing at the prosecution’s case.
Jason Mark Lambert was accused of taking on work, including concreting or landscaping services, pocketing the deposit, and either notdoing the work or only partially finishing it.
Lambert initially faced 30 charges, but pleaded guilty to eight charges of causing loss by deception as the judge-alone trial in the Hamilton District Court progressed in August. Police withdrew four charges.
The prosecution’s case was that Lambert offered his services, primarily on Facebook Marketplace, and when contacted by the complainants, he would give a quote and request a 40% deposit.
Prosecutor Steve Hickey submitted that Lambert accepted the work and the money, without any intention of finishing the job.
That, he said, pointed to a dishonest intent.
But Lambert’s defence counsel pairing of Kerry Hadaway and Jonathon Myers said their client always had a genuine intention to do the work, entered contracts in good faith, and he kept up communications with those involved.
They claimed the case was nothing more than a civil dispute.
After hearing about three weeks of evidence, Judge Saunders recently released her reserved decision on the remaining charges.
She cleared Lambert of 13 charges but found him guilty of five charges, relating to a $5025 deception, in which she determined he had a reckless intent to deceive.
On three of those occasions, Lambert did no work at all, and two other times he failed to complete the work.
‘An incompetent businessman with good intentions’
Judge Saunders said there was unchallenged evidence throughout the hearing that Lambert was skilled in concreting, with many complainants confirming he seemed to know what he was doing.
As for some of his excuses for the delays, which reminded her of the axiomatic “cheque is in the mail” to delay creditors, they did not of themselves indicate guilt.
“So, in a case such as this, where I am asked to draw inferences of guilt, I must guard against speculation.
“Not turning up as promised and providing multiple excuses for not doing so is not enough.”
She also took into account that Lambert used his real identity, despite using fake IRD and GST numbers, her overall sense was that it did not reflect a premeditated plan to deceive.
Jason Mark Lambert pictured in the Hamilton District Court in August. Photo / Belinda Feek
“There may be other reasons, including inept business practices,” she said.
There was also Covid-19 to take into account, “when everything became harder”.
He also used seven different names, none of which were in the companies register, nor did police find any record of Lambert being a director of a company in New Zealand.
She also didn’t know the objective value of the work Lambert had completed, nor what else was required to finish it, and at what cost.
“If I cannot quantify the value and extent of the work completed by Mr Lambert in each case, how can I conclude it was part of an elaborate ruse on his part and he never intended to complete the job.
“An alternative explanation is Mr Lambert is simply an incompetent businessman with good intentions who floundered.
“The sheer number of complainants may raise suspicion but not proof beyond reasonable doubt.”
Lambert will be sentenced on his 13 total charges on November 28.
