Nathan Bernhard’s Nowra District Court trial ends in hung jury
The week-long trial of a man accused of running down and killing two mates after a State of Origin watch party has come to a halt after a jury was unable to determine whether he was guilty.
The South Coast News
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The week-long trial of a man accused of running down and killing two mates after a State of Origin watch party has come to a halt after a jury was unable to determine whether he was guilty.
The unsuccessful jury deliberation for Nathan Bernhard, 27, came after the trial in Nowra District Court before Judge Christopher O’Brien.
Bernhard’s trial stemmed from pleas of not guilty to charges of dangerous driving occasioning death, negligent driving occasioning death, and mid-range drink driving – laid after he allegedly ran over and killed his friends Bobby Kelsall, 36, and Stephen Lippis, 41 on Condie Crs, Bomaderry, on the night of May 31, 2023.
In the trial, the jury heard Bernhard was leaving the suburban home late in the evening, when for “unknown reasons”, his two friends laid on the road in front of his car.
Bernhard allegedly did not see them before he allegedly ran them over and killed them.
He pulled to the side of the road, getting out and apologising to Mr Lippis’ wife, who came out after hearing a noise.
During proceedings, Crown prosecutor David Coulton submitted Bernhard was intoxicated and driving too fast along the 50km/h street, labelling the deaths of the two men avoidable.
However, Bernhard’s defence barrister, Justine Hopper, said it was a “tragic case” and nothing more than an accident.
“We do not know why they laid on the road,” she said in her opening statements to the jury on April 28.
In a police interview between responding officers and Bernhard on the day of the incident – which was played to the jury – Bernhard cried, reiterating it was an accident.
“I just f–king killed my mates,” he said in the interview.
Bernhard also admitted to drinking about eight beers the day of the incident, during the interview.
On Tuesday afternoon following days of evidence and statements, the jury discharged to deliberate a verdict.
However, on Thursday morning, it was revealed the jury were unable to come to a unanimous verdict.
The jury presented four notes to the court – which were re-read to them by the judge – across the two day period, stating they could not agree on a verdict.
“We have reached an impasse, a unanimous decision cannot be obtained,” one of the jury notes read.
Judge O’Brien said he had the power to discharge a jury if they could not come to a unanimous agreement.
“I have reached the positive conclusion that this is so,” he said.
“Sometimes juries are unable to agree. Given the series of notes I have received, I am of the view that this jury mist be discharged.”
Bernhard’s case will return for to the same court for a retrial at a later date.
He remains on bail.
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