Aristocrat poker machine heir Christian Ainsworth cleared after former classmate sues

ONE is the heir to a $2 billion pokie fortune. The other a former classmate who ran a pizza shop in one of his mate’s businesses. But allegations of threats and intimidation have sent the pair to court.

A JUDGE has found the heir to a $2 billion pokie fortune did not “encourage” his staffer to intimidate a catering manager by threatening to break his legs and plant a rat in his kitchen.

Christian Ainsworth, the 45-year-old youngest son of Aristocrat poker machine founder Len Ainsworth, was personally sued in the Supreme Court by former Sydney Grammar classmate Ben Le-Van, who ran a pizza shop and cafe within Ainsworth’s backpacker hostel in Cairns.

Mr Le-Van sued Mr Ainsworth for damages claiming Mr Ainsworth had “interfered” in his catering contract at the hostel by intimidating him. But the court found “no direct evidence” to sustain the allegation.

Mr Le-Van claimed he only agreed to give up the cafe and pizzeria in September 2007 because he was intimidated.

In his statement of claim Mr Le-Van alleged Mr Ainsworth told him “we will have your legs broken” during a meeting at Mr Ainsworth’s home overlooking Sydney Harbour in 2007.

During a six-day trial in April and June, Mr Le-Van told the court that the general manager of Gilligan’s backpackers, Col Lewsey, told him he would be hurt if he didn’t give up the right to run the cafe and pizza joint.

“If you don’t hand it back, we’ll get your legs — we’ll have your legs broken,” Mr Le-Van alleged Mr Lewsey said as he sat in the back of a car with Mr Ainsworth as it drove around the suburbs of Sydney.

Another witness, former Gilligans general manager Ian Lone, told the court that the intimidation included Mr Lewsey telling Mr Lone to “throw a rat in (the cafe) ...(and) take pictures of them”.

Mr Lone said Mr Lewsey also told him to “employ backpackers ... to make false complaints, offer them free accommodation, free meals, send them to Broome, Alice Springs”.

Mr Lone did not do this. Justice James Henry said in his decision on Monday that Mr Lone’s “evidence was uncontradicted at trial. It appeared credible and reliable”.

Justice Henry ruled that there was “no direct evidence” that “Mr Ainsworth encouraged Mr Lewsey to” campaign to intimidate Mr Le-Van to hand back his rights to the cafe.

“It is unknown whether Mr Lewsey’s ... campaign to try and intimidate (Mr Le-Van) ... was indirectly procured or induced by Mr Ainsworth,” Justice Henry ruled.

Mr Ainsworth and his company did not call a single witness to defend the claims (except an expert accountant witness on the cost of running a hotel).

“The claim against Mr Ainsworth must therefore fail ... (it) should be dismissed,” Justice Henry said in his decision.

But Justice Henry ruled in favour of Mr Le-Van’s company’s claim for repudiating the contract to run the cafe and pizzeria.

A decision on how much Mr Le-Van will be entitled to receive in damages will be made in coming months.

Mr Le-Van is seeking $520,788 plus interest at 10 per cent a year dating back to 2006.

Mr Le-Van alleged the threats to break his legs were made after he visited Mr Ainsworth at his palatial home in Balmoral, overlooking Sydney Harbour, to discuss his catering contract and tenancy in May 2007.

Mr Le-Van also told the court that Mr Ainsworth had left him an abusive voicemail message as their business relationship soured.

“Hi, it’s Christian here. I’ve just read the letter from your solicitor. You’re f***ed. You’re f***ing f***ed. You’re f***ed.” Mr Ainsworth allegedly said.

The case returns to court in Cairns on November 27.