As the trial proceeded, police withdrew a further four. Lambert pleaded guilty to eight.
That’s left him defending 18 charges, two of obtaining by deception, 14 of causing loss by deception, and two of obtaining credit by deception.
One offence is alleged to have occurred in October 2018, with the remainder happening in 2020 and 2021.
‘Fake GST number, no refunds or reimbursements’
Police prosecutor Steve Hickey said that after the first offence in 2018, Lambert got the idea that he could get away with his “dishonest behaviour”.
Lambert often sought a 40% deposit before work started, which was paid into a bank account – either his mother’s or his accountant’s.
On two occasions, cash was paid.
Hickey said Lambert used a GST number on his invoices that didn’t exist, but it gave his business “some authenticity”.
Lambert caused the various complainants a loss by quoting them for work that he failed to complete, Hickey submitted.
“He made little effort in terms of the work carried out.
“He was not able to provide any proof of what he used the funds for, and also that he didn’t provide any refund or reimbursements of any sort,” he said.
“You can collectively conclude that he never intended to complete the work.
‘He had an honest intention to complete the work’
But it’s the opposite argument for the defence.
Defence counsel Kerry Hadaway told the judge her client had an “honest intention” to complete the jobs, and for varying reasons, that didn’t happen.
In some cases, Lambert completed a “significant amount” of the work, but then he didn’t go back, and the complainants got “fed up” and instead got other contractors to finish it.
There were issues surrounding Covid lockdowns and the inability to obtain concrete, but Hadaway submitted that there was never any dishonest intention on behalf of her client.
Hadaway also pushed for some charges to be dropped due to a technicality; charges which covered several dates should have been laid individually as opposed to one charge for several dates.
Several charges have been dropped, while Jason Mark Lambert has pleaded guilty to eight others during his trial in the Hamilton District Court over the past few weeks. Photo / Belinda Feek
Judge Saunders indicated that she agreed with that submission.
Hadaway cited complainant Karl Sinclair, the owner of Kowhai Hire, from whom Lambert hired several pieces of earthwork machinery.
In that case, Lambert paid his first four invoices, but none thereafter.
Hadaway said police should have laid his charges individually, rather than as a single charge covering a month-long period.
“The defence has issues with this charge and suggests there should have been three separate charges laid so the representations could be identified separately.
“This charge is important … because Mr Lambert has paid his first four invoices, then Mr Lambert takes the first hireage not paid for on February 25.
“So it must therefore be that Mr Lambert, on the back of paying his bills … has overnight formed an intention not to pay for things.
“Mr Lambert honestly hired these machines intending to pay.
“Mr Lambert gave quite a few reasons to Mr Sinclair for not being able to pay … I also asked about the lockdown … and he said that it did affect his business.”
Hadaway labelled that claim as an “ordinary unpaid debt rather than any deception by Mr Lambert”.
Judge Saunders today mused out loud whether Lambert was “a conman or is he someone who has got himself in too deep?”.
She said the prosecution’s case “rests and falls on the evidence of the complainants” and the officer in charge, Detective Scott Middlemiss.
As for his GST number, none of the complainants relied on the fact that he was GST registered when they handed Lambert money, she said.
Co-defence counsel Johnathan Myers said if Lambert wanted to deceive the complainants, “he wouldn’t have given them his real phone number, real name and maintained communications”.
“And he would likely have just got the money and ghosted [them], leaving as little paper trail as possible.”
However, he admitted his client did lie to one complainant about being in Waikato Hospital with kidney stones.
Judge Saunders reserved her decision.
Belinda Feek is an Open Justice reporter based in Waikato. She has worked at NZME for 10 years and has been a journalist for 21.