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Actual property agent who received out of a drink driving cost by mendacity is jailed for 5 years


An actual property agent who efficiently sued NSW police after his lies led to his drink-driving acquittal has been jailed for perjury.

Bernard Andrew Nash was discovered responsible of two perjury prices, referring to false proof he gave when defending the cost and when suing the State of NSW.

Within the NSW District Courtroom on Friday, Decide Sarah Huggett jailed him for 5 years and 6 months with a non-parole interval of three years and 6 months.

The 63-year-old Central Coast businessman testified to having drunk three gentle beers earlier than he received behind the wheel in 2011.

Bernard Andrew Nash (pictured) has been sentenced to 5 years jail after mendacity about what number of drinks he’d consumed to get out of a drink driving cost and subsequently mendacity once more when suing the NSW police

His false proof was supported by doctored CCTV footage from Shelly Seashore Golf Membership, whereas the total footage confirmed he drank seven full-strength schooners in a bit over two hours.

The choose famous the emotional and psychological hurt triggered to the arresting police officer, whose honesty and integrity was significantly attacked in Nash’s lawsuit.

She had little question Nash would have moderately foreseen the hurt his perjury would have triggered to Senior Constable Michael Hicks, who has since left the pressure after greater than 20 years’ service.

The freeway patrol officer had pursued Nash on October 13, 2011, when he drove the quick distance from the golf membership to his Shelly Seashore dwelling.

However the legislation dictated he couldn’t be breath examined on his property, the place he was arrested after a brief wrestle and served with a drink-driving court docket discover.

Nash was caught in his lie after a staff member at Shelly Beach Golf Club (pictured) found the non-doctored footage from the night of the drink driving charge that showed Nash drank seven schooners in two hours when he'd told the court he'd only had three light beers

Nash was caught in his lie after a workers member at Shelly Seashore Golf Membership (pictured) discovered the non-doctored footage from the evening of the drink driving cost that confirmed Nash drank seven schooners in two hours when he’d instructed the court docket he’d solely had three gentle beers

He was acquitted of drink-driving and resisting arrest in mid-2012, having instructed a Justice of the Peace he drank not more than three schooners of sunshine beer.

Nash then went on to sue the State for illegal arrest, battery and malicious prosecution, being awarded $124,958 in damages after once more perjuring himself.

However a membership employee, who had accessed the total CCTV footage, contacted police after seeing media stories and handed over a replica she retained.

The membership’s common supervisor, Craig Ellis, has since been jailed after admitting two counts of tampering with the CCTV proof.

Perjury offences constituted an “assault on the administration of justice which depends upon witnesses to offer truthful proof”, the choose mentioned.

Whereas each offences have been objectively very severe, his ethical culpability was very excessive for the second perjury when he knew he was alleging very severe misconduct towards Snr Const Hicks, she mentioned.

Nash (pictured) will not be eligible for parole until he is three and a half years into his sentence after judge said she had no doubt Nash would have reasonably foreseen the harm his lies caused Senior Constable Michael Hicks, who has since left the force after more than 20 years' service.

Nash (pictured) won’t be eligible for parole till he’s three and a half years into his sentence after choose mentioned she had little question Nash would have moderately foreseen the hurt his lies triggered Senior Constable Michael Hicks, who has since left the pressure after greater than 20 years’ service.

The case concerned a really severe assault on his integrity and honesty, together with a declare he was conscious Nash hadn’t dedicated any crime.

“He selected to keep up the perjured proof to boost his prospects of success to obtain a monetary profit,” she mentioned.

His conduct was not spontaneous, however calculated, pre-meditated and deliberate.

He hasn’t acquired the damages award because the case is being appealed.

The choose accepted Nash had been hardworking, offered for his household and contributed to the group, whereas his solely conviction went again to 1979 for drink driving.

He nonetheless maintains his innocence, asserting he genuinely believed he’d consumed not more than three beers when he gave his proof.

Decide Huggett discovered no proof to help regret or perception, however accepted the chance of his reoffending was low.





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Written by bourbiza

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