Mark Estephan: Cronulla man on fraud charges want to play golf

A high-flying businessman charged with defrauding investors to the tune of $4 million has pleaded with a magistrate to let him play golf, swim in the ocean and shop for organic groceries.

Mark Estephan, 41, has been charged over his involvement in an alleged investment scheme.

A high-flying businessman confined to house arrest since he was charged with defrauding investors of $4 million has begged to be allowed to play golf and swim in the ocean for his mental health.

Mark Estephan, 41, has been charged with 54 offences over allegations he and business partner Jamie Close defrauded aspiring investors of their life savings in 2019 and 2020.

After a month behind bars on remand Estephan was granted strict bail with conditions akin to house arrest due to the gravity of the allegations against him.

However, weeks later Estephan attempted to have the conditions relaxed so he can play golf for his mental health, swim in the ocean and help his partner shop for organic groceries.

“There’s more to playing golf – I worry that it sounds like, this person who has serious charges is requesting a condition to be able to play golf,” Estephan said in the witness box.

“That can appear as though ‘he just wants to go and play golf and enjoy himself’ but it’s to be in nature, it’s my way of meditating, it’s my way of being spiritual.”

Mark Estephan, 41.

Estephan told the court he has been playing golf for two decades and intends to run golf clinics for children from low socio-economic backgrounds as part of his future retirement.

The Cronulla man and holistic health coach Close were charged in December with transferring investors’ money overseas while they were not registered with AUSTRAC.

Police will allege their scheme cost at least 12 investors $4 million – and $2.5 million in missing funds is yet to be located by investigators after it was allegedly transferred overseas.

Since then Estephan has also been charged with 11 counts of dishonestly obtaining financial advantage “by failing to pass on a full investment” and participating in a criminal group.

At Sutherland Local Court he told Magistrate Joy Boulos about his traumatic experience in jail.

“Look, for somebody like myself to be incarcerated, the people recognised quite quickly I’m not made from the same stone,” Estephan said.

“I had a very rough time, I bear scars today to show you – it was four weeks but it felt like 10 years.”

Mark Estephan, 41.

Estephan’s current bail conditions are so stringent he cannot even swim at the beach near his home, get a sandwich or a haircut in Cronulla Mall when he reports for bail or help his partner buy groceries.

“Have you heard of online shopping?” Ms Boulos asked.

“It’s a little bit expensive, and when you live the lifestyle that I do buying organic foods it’s a bit difficult,” Estephan responded.

Despite acknowledging the certain trauma he experienced during his brief stint in custody, Ms Boulos refused the variation application on all grounds.

“The Crown prosecutor says there have been deliberate attempts to chip away at the curfew conditions to allow him, amongst other things, to play golf,” Ms Boulos said.

“This is not a case where there was a pre-existing medical condition, (his mental health) is reactive and caused by concern for the matters before the court.”

Estephan, for some reason, with Billy Bob Thornton.

Estephan also described himself as a “high yellow” in the DiSC – Dominance, Influence, Steadiness and Conscientiousness personality assessment tool.

“What is the DiSC, I’ve never heard of that, I’ve heard of the DSM-5,” Ms Boulos said.

“It means I’m renowned for being very optimistic, life of the party, happy go lucky,” Estephan responded.

“What colour do you think you are now?” Ms Boulos asked.

“I don’t know if I’m any colour at the moment,” Estephan said, momentarily stumped.

“Whatever the colour is that’s driving back to yellow.”

The DiSC Profile website says yellow personalities – denoting high Conscientiousness – “tend to place the emphasis on quality, accuracy, expertise, and competency”.

Estephan returns to court on March 25.

Estephan will return to court next month.