Mate faces jail over drink-driving deceit
A JUDGE has hinted he plans to jail a former tourism boss who got his mate off a drink-driving charge by withholding CCTV footage from police.
NSW
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A JUDGE has hinted he plans to jail a golf club manager who got his mate off a drink-driving charge by withholding CCTV footage from police.
Former Central Coast Tourism boss and general manager of Shelly Beach Golf Club, Craig Martin Ellis, has pleaded guilty in Downing District Court to withholding CCTV footage and tampering with the club’s records to help his real estate mate Bernard Nash get off a drink-driving charge and then sue police for $125,000.
Ellis is facing a maximum penalty of 10 years jail for two counts of tampering with evidence with intent to mislead a judicial tribunal.
At a sentencing hearing his lawyer Tim Watts said an appropriate sentence would be no more than two years to be suspended or to be served by way of an Intensive Corrections Order in the community.
Judge Stephen Norrish responded by saying it was, “most unlikely that I would consider a suspended sentence or ICO.”
Court papers reveal Ellis deleted CCTV footage which showed Nash purchasing seven beers in two hours on October 13, 2011 before driving away.
Nash was followed by a police officer when he left the club and later charged with driving under the influence and resist arrest.
CCTV footage from the club revealed Nash purchased six beers and drank at least five schooners between 4 and 6pm.
When police sought the CCTV footage from the club, however, Ellis edited it so it only showed Nash purchasing three beers over the same time period.
The charge of driving under the influence was dismissed at Wyong Local Court on May 18, 2012 and then Nash sued NSW Police for wrongful arrest, assault and malicious prosecution.
In preparation for the lawsuit lawyers for NSW Police subpoenaed all of Nash’s member’s activity details from the golf club including CCTV, attendance records and credit card purchases.
Ellis provided Nash’s membership activity record showing loyalty points accrued at the bar but omitted several purchases made on October 13, 2011, the police facts state.
He also provided CCTV footage of Nash purchasing three beers that night but one of the drinks was purchased at different time to the original CCTV footage provided to police for the criminal prosecution.
Nash won the lawsuit in the District Court and was awarded $124,958.00 plus legal costs.
Ellis’ lawyer Tim Watts told the sentencing hearing that his primary motive in editing the CCTV footage was to protect the club as he thought that police planned to charge the venue with a liquor licensing offence.
“It was out of loyalty to the club was his primary driver … although he was aware at the time that Mr Nash was going to be a beneficiary of that, “Mr Watts said.
He said the second time Ellis edited CCTV footage and tampered with club records it was because he was scared he would be caught out.
Ellis gave evidence that he felt, “painted into a corner.”
Mr Watts said the criminal matters had ruined his career in club management and he now ran his own lawn mowing business.
Nash has also been charged over the matter and has not entered pleas to four counts of perjury.
Ellis will be sentenced later this month.
CCTV TIMELINE ALLEGEDLY REVEALS BERNIE’S BIG ARVO:
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