David Lester Nicholson banned from Emerald except for legal reasons
A veteran who toured Afghanistan and East Timor defrauded motels of more than $6,000 saying he had ‘experienced things people shouldn’t have to’.
Police & Courts
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An Australian Defence Force veteran broke down as he faced court on more than 20 charges including defrauding multiple Emerald motels.
David Lester Nicholson, 44, pleaded guilty to 21 charges via video link from Capricornia Correctional Centre to Emerald Magistrates Court on November 22 and 23.
The list of offences included one count each of attempted fraud to dishonestly gain/benefit/advantage, fraudulently falsify/destroy/alter/damage a record, drive with a SPER-suspended license, possessing dangerous drugs, breach of bail condition and five counts of fraud to dishonestly gain/benefit/advantage.
Nicholson represented himself and told the court he left the army nearly 16 years ago.
During his time with the ADF, he was actively deployed on five tours including three to East Timor and two to Afghanistan, and as a result he suffers from post-traumatic stress disorder.
“I struggle daily with most things that people do not,” Nicholson said of his mental health.
“In saying that, your Honour, I’m determined to take control of my life again.
“During the tours, it upsets me to say but, sorry your Honour, I experienced a lot of things that people shouldn’t have to.”
It was at this point that Nicholson’s voice cracked with emotion from the memories and he became visibly upset.
“And in saying that, I don’t want to use that as an excuse either, but it’s certainly a mitigating factor your Honour,” he went on to say.
He admitted his mental health wouldn’t have deteriorated to the state it had if he had sought help sooner.
“I’m disgusted by my behaviour,” he said.
The court heard Nicholson had used a former colleague’s name to book motel rooms in Emerald and gave staff a fake business name.
The businesses he stayed at included the Emerald Gardens Motel, Motel 707 Emerald, Emerald Central Apartments, the Maraboon Tavern, and the Emerald Hotel Apartments
The father of three said when he was released from custody, he planned to live in Roma with his parents.
Magistrate Rosemary Gilbert summarised the matter.
“As a result of the accommodations and meals you took up, you have defrauded amounts to $6336.24,” Ms Gilbert said.
“You essentially went successively from one motel or accommodation to the next using the same method.
“Somewhat brazen in that regard in my view.”
For the fraud charges Nicholson was convicted and sentenced to serve three months jail, suspended after serving two weeks.
For the possession of dangerous drugs, he was convicted and sentenced to one month jail, suspended immediately.
He was ordered to pay $6,336.24 restitution.
He was not further punished for the breach of bail.
Convictions were recorded.
Nicholson is reappearing in Emerald Magistrates Court in January 10 for charges including one count of driving without a licence disqualified by a court order, two counts of driving without a licence disqualified by a court order, one count of attempted fraud – dishonestly gain/benefit/ advantage, and one count of fraudulently falsify/destroy/alter/damage a record.
As a part of Nicholson’s bail, he is not allowed to enter the Emerald township except to attend court.