Damian Botherway (inset) was suspended from practising as a lawyer last year. He also held a position at the Racing Integrity Board.
The recently named former law boss who repeatedly exposed his female staff to porn on his computer has been working as an adjudicator and steward at the Racing Integrity Board, Stuff can reveal.
Damian Botherway - the former principal of a Waikato-based boutique commercial law firm and a premier division rugby union referee - was named on Monday as the lawyer who was suspended from practising for three months by the Lawyers and Conveyancers Disciplinary Tribunal in December.
Botherway’s lawyer, Briar Webster, confirmed to Stuff he had abandoned his appeal for permanent name suppression and had no comment to make.
On Saturday, Botherway was named in a Racing Integrity Board (RIB) report as one of the stewards for the Champions Day at Ellerslie. Documents on the RIB website indicate Botherway has also been an adjudicator.
Stipendiary stewards are officials who ensure the integrity, safety , animal welfare standards and fairness of racing. They investigate, detect and report breaches of rules. Adjudicators are independent, similar to a judge and after hearing evidence can rule whether charges are proved, dismissed and what fines or suspensions are made.
Damian Botherway was listed as one of the stewards for the Auckland Thoroughbred Racing at Ellerslie on Saturday. Photo: Supplied
Stuff asked the board a number of questions. A spokesperson responded saying the RIB only became aware of the tribunal decision on Monday.
“We take this matter seriously and acted immediately. We are engaging with Mr Botherway regarding the Tribunal’s decision and will determine any appropriate next steps,” the spokesperson said in a statement.
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The lawyers tribunal labelled Botherway’s behaviour “egregious” and said staff members at his firm had witnessed snippets of porn on his computer screen several times a day since 2016.
“Although he ‘clicked out’ of objectionable internet sites when staff entered his office room, they were confronted with snippets and were acutely aware of his interest in sexualised objectification of women.
“Consequently, they felt horror, shock, disgust, discomfort, embarrassment, and shame. Their work environment was thus rendered toxic and emotionally unsafe,” the decision said.
Damian Botherway (inset) is a lawyer and rugby referee. Photo: Supplied
Botherway was a sole legal practice employer and had no policy or processes about raising this type of behaviour.
When the firm moved to a new office and his computer screen faced the door, staff were immediately exposed to the explicit material.
“He resisted suggestions that he rearrange his room, so his screen was not visible on entry. Although (and because) he ‘clicked off’ images when, or soon after, staff entered, we cannot imagine that he could not have been aware of the situation. In our view, to claim otherwise amounts to wilful blindness,” the tribunal said.
It wasn’t until November 2022 when a junior staff member raised concerns with another more senior employee that Botherway was confronted.
He said he had an addiction and promised to get help. But he broke his promise two months later when another employee saw an explicit image on his screen. He initially denied it when confronted, and only accepted the employee was correct when another staffer complained about the same issue the following month.
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At the hearing, Botherway admitted the charge of misconduct
“We find that, because all the staff members were female and he, their employer, male, both their distress and their hesitance in confronting him are readily explicable.”
The tribunal said there was a power imbalance and the staff were anxious about effects on their jobs.
“[The lawyer’s] insensitivity and lack of thought about the effect his conduct would produce in his employees was remarkably obtuse. That he suffered from a compulsion to engage in the conduct does not mean he was incapable of realising his viewing was repeatedly on show to his employees.”
After the early 2023 complaints, Botherway started working from home and by late April his employees had left and complained to the New Zealand Law Society Complaints Service.
Botherway’s therapist said the misconduct was “born from an addiction” and depression at the time.
“Although it is little comfort to his employees, we accept that he was not in a healthy frame of mind during the period. We applaud his having taken steps to address it and are pleased to learn of the progress he has made,” the tribunal said.
In the end, the tribunal suspended Botherway from practising for three months, imposed a censure and banned him from practising on his own account, whether in a partnership or otherwise, until authorised. (His suspension expired on March 6.)
He further has to pay $5000 each to the two employees who complained and costs of $20,500.
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The post Breeders’ Cup Releases Ticket Options, Hospitality Packages For Keeneland appeared first on TDN | Thoroughbred Daily News | Horse Racing News, Results and Video | Thoroughbred Breeding and Auctions.
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