Shelly Beach real estate agent who won drink driving case charged with perverting the course of justice

A REAL estate agent recently awarded $125,000 after he sued police over a “wrongful” drink-driving bust was yesterday charged for perverting the course of justice in relation to the 2011 incident.

Sunday Telegraph. Bernard Nash arrives at his house late Friday afternoon at Shelly Beach on the Central Coast.

A CENTRAL Coast real estate agent recently awarded $125,000 after he sued police over a “wrongful” drink-driving bust was yesterday charged for perverting the course of justice in relation to the 2011 incident.

Bernard Nash, 57, was arrested by detectives from Strike Force Valla on the Pacific Highway at Wyong just at 11.30am.

Two hours later police also arrested a 44-year-old man at a golf club in Shelly Beach. He was also charged with perverting the course of justice and tampering with evidence in relation to Mr Nash’s drink-driving charge.

Police make the arrest yesterday.

Police alleged they had attempted to stop a vehicle driven by Nash at Shelly Beach for the purpose of a random breath test, which resulted in the driver, then aged 53, being charged with drink-driving and resisting arrest.

Nash was tailed by an officer as he left the Shelly Beach Golf Club and drove 150m to his house at Bellevue St. Highway patrol Senior Constable ­Michael Hicks did a U-turn and gave chase. When he caught up, Mr Nash had already parked in his driveway.

Mr Nash did not give a breath test but was charged with driving under the ­influence and resisting arrest.

He beat the charges in Wyong Local Court and then sued the state over the incident, which occurred on October 13, 2011.

In a judgment published in August, Judge Judith Gibson ruled in the NSW District Court that the incident amounted to wrongful arrest and malicious prosecution and ­ordered the state to pay Mr Nash $124,958 in damages.

Judge Gibson said the fact Mr Nash was on his own property meant he didn’t have to take a breath test. The other issue was that police had no evidence that Mr Nash was drunk or had committed an offence, Judge Gibson said.

This left the officer with no legal reason to arrest Mr Nash. The court heard that Mr Nash said he was not drunk and had three light beers while he was at the club.

The precise time the officer turned on his siren and lights was also “hotly contested”.

This was because Mr Nash could not legally ignore the officer’s order to pull over.

Mr Nash told the court he did not see the police lights nor hear the ­sirens.

Constable Hicks was “never sufficiently close to Mr Nash’s car to ­activate the sirens and lights”. The judge awarded Mr Nash $70,000 for malicious prosecution, $25,000 for wrongful arrest, $25,000 for assault and battery, and $4958 for special damages.

Shelly Beach Golf Club.

In October 2015, Strike Force Valla was launched by officers attached to Newcastle City Local Area Command to investigate allegations of perjury.

Police will allege they found discrepancies in evidence given by the man, now aged 57.

Mr Nash was charged with perjury (two counts); pervert the course of justice (two counts); and attempt fraud.

He and his co-accused were given conditional bail to appear at Wyong Local Court on December 16.