John Elia stood over, threatened and intimidated an accountant over perceived $15k business debt for mate

The Sydney man stood over an accountant, repeatedly poked him in the head and yelled in his face over a perceived $15,000 debt believed to be owed to his mate, a court has heard.

A builder stood over an accountant, repeatedly poked him in the head and yelled in his face over a perceived $15,000 debt believed to be owed to his mate, a court has heard.

Summer Hill’s John Elia, 46, appeared in Sutherland Local Court on Wednesday where he was sentenced for charges of common assault and intimidation related to the frightening incident.

Agreed facts tendered to court said the victim, the owner of a Carlton accounting firm, took on Kerry Lathouras as a client. Mr Lathouras is friends with Elia but was not charged over the incident.

Mr Lathouras was the owner of a transport company and instructed the accountant to terminate his freight business and create a new company to hold his assets.

In September 2018, Mr Lathouras agreed to pay his accountant an agreed fee of $15,000 for this work, the court heard.

The documents said the accountant created a new business for Mr Lathouras but required him to transfer ownership of his five trucks to the new business before the transition could be finalised.

Summer Hill's John Elia hid his face when he left Sutherland Local Court where he was sentenced for assault and intimidation for standing over an accountant he owed his friend $15,000. Picture: Ashleigh Tullis

Mr Lathouras never did this and therefore the old business could not be terminated.

In October 2020, Mr Lathouras told his accountant he no longer wanted to terminate the business and requested his $15,000 to be returned, the documents said.

The accountant said he could not return the money because it had already been spent on hiring consultants, paying a bookkeeper and was payment for the work he had already completed, the court heard.

In early 2021, Mr Lathouras contacted the accountant multiple times to demand he return the money and the accountant suggested he take the matter to civil court to be resolved.

At the end of that year the accountant received a phone call from a man who referred to himself as “Little John”, claiming to be acting on behalf of Mr Lathouras. The man told the accountant to pay back the $15,000, the documents said.

On February 15, Mr Lathouras and Elia went to the accountant's office about 10.30am where it was revealed Elia was the man on the phone.

According to the documents, the men spoke in the accountant’s office where they debated the amount owed before Elia eventually reduced the demand of money to $11,500.

The accountant insisted he did not owe Mr Lathouras any money before Elia said if he refused to pay he would be “out of the premises by the end of the week”.

When the accountant asked what Elia meant by that comment, Elia stood up suddenly and swept piles of paperwork and stationery from the desk onto the floor, the documents said.

Elia then approached the accountant and yelled threateningly at him, “don’t f--- with me”.

The accountant was fearful and raised his arms defensively, trying to placate Elia.

The court heard, Elia stood next to the man and repeatedly pointed his finger at his face and poked him in the side of the head several times.

He stood over the accountant, who was still seated and yelled, “if you don’t pay, I’ll be back with three guys”.

Elia then demanded the accountant type out a document agreeing to pay Mr Lathouras $11,500 in three instalments over the following weeks before making him sign it under duress, the documents said.

Upon the men leaving, Elia told the accountant, “make sure it’s paid by Friday and stick to the dates”.

The accountant reported the incident to Kogarah Police Station and officers started investigating. They collected and reviewed the CCTV footage from the firm that captured the entire encounter.

Elia was arrested on February 18 this year at his Summer Hill home where he lives with his mother.

During a police interview, Elia admitted to going to the office, claiming Mr Lathouras requested he attend the meeting to assist him in convincing the accountant to pay back the money.

He initially denied leaving his seat and approaching the accountant but after viewing the footage he was forced to admit he stood over the man but claimed he was not intentionally intimidating him.

Elia was then charged.

In court on Wednesday, Magistrate Jennifer Atkinson said the incident was a “more serious” common assault and intimidation than the court usually saw but noted Elia’s early plea.

She took into account his criminal history which included old matters of violence and driving and drug charges.

“You shouldn’t have been there or did what you did,” Magistrate Atkinson said.

“If money is not paid then there is the option to take court proceedings. You don’t go visit other people to make them pay back money.

“There was no debt owed to you.

“The bottom line is it was unacceptable.”

Magistrate Atkinson said she hoped the 100 hours of unpaid community service work she ordered him to do gave Elia the “chance to think about better ways of doing things”.

“I hope you learn from this to not get involved in anyone else’s disputes,” she said.

Magistrate Atkinson convicted Elia and placed him on a community correction order to be of good behaviour for 18 months.