Nathan Bernhard fatal crash trial hears opening statements in Nowra District Court

The words an allegedly intoxicated driver shared with his friend’s wife mere moments after allegedly running him and another over and killing them have been revealed in the first day of his jury trial.

Nathan Bernhard leaving Nowra Police Station, hidden under blanket. Picture: Tom McGann

The words an allegedly intoxicated driver shared with his friend’s wife mere moments after allegedly running him and another over and killing them have been revealed in the first day of his jury trial.

Nathan Bernhard, 27, was charged over allegations he “negligently” and “dangerously” drove a ute along Condie Crs – a suburban North Nowra street – after meeting with friends Bobby Kelsall, 36, and Stephen Lippis, 41 to drink alcohol and “hang out”.

Bernhard is alleged to have driven over the pair, killing them, as they lay on the road on May 31, 2023.

He was charged with dangerous driving occasioning death, negligent driving occasioning death, and mid-range drink driving as a result.

However, the jury heard on Wednesday during Crown prosecutor David Coulton’s opening remarks, that Mr Kelsall and Mr Lippis laid on Condie Crs as Bernhard began to drive off.

Bobby Kelsall (left) and Stephen Lippis (right) were allegedly killed by Nathan Bernhard. Pictures: Facebook

“[Bernhard] has failed to see the two men laying on the road and his vehicle has struck both of them,” Mr Coulton said.

Court documents read to the jury stated Mr Kelsall and Mr Lippis were pronounced dead at the scene.

Nathan Bernhard leaving Nowra Police Station, hidden under blanket. Picture: Tom McGann

Mr Coulton told the jury a number of Condie Crs residents “heard sounds” and came outside to investigate.

“One of these people was Mr Lippis’ wife,” he said.

The jury heard Bernhard spoke directly to his friend’s wife, stating “I know, I’m sorry, I didn’t see them”.

The jury also heard Bernhard was arrested and ordered to complete a breath test, which allegedly returned a positive mid-range reading of .09.

Nathan Bernhard’s trial is being held in Nowra District Court. Picture: John Appleyard

Bernhard’s defence barrister Justine Hopper told the jury the case was a “very sad” example of an accident.

“They were enjoying each others’ company – they were enjoying life,” she said.

“But tragically, later that night, two mates died.

“For unknown reasons, both Mr Kelsall and Mr Lippis laid on the road.”

Ms Hopper said it was not in dispute the men died, or that Bernhard was driving the vehicle which hit them – but, the jury needed to determine whether his manner of driving or his consumption of alcohol played a role.

“[Bernhard] is presumed innocent, unless or until you decide otherwise,” she said.

Bernhard’s trial continues.

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