Nelson Arias: Eastern suburbs lawyer refused bail over alleged text messages

A magistrate has issued a grave warning about domestic violence incidents during holiday period, after hearing about the “disgraceful” behaviour in a series of texts allegedly sent by a high-profile Sydney lawyer.

Nelson Arias outside Waverley Court on December 1, 2022.

An escalating string of “disgraceful” text messages have landed a highly regarded partner at a Sydney law firm in jail bail refused until 2023 – after the eastern suburbs dad returned to court for the second time this month.

Nelson Arias, 40, of Randwick, appeared at Waverley Local Court via AVL link from Maroubra police station to seek bail after allegedly breaching his bail conditions on Monday.

Arias previously appeared at the local court on December 1 to enter a not guilty plea to an assault charge and be served an apprehended violence order.

When Arias appeared at court earlier this month his barrister Sebastian De Brennan of Seventh Floor Garfield Barwick Chambers argued for his release based on the fact a jail sentence was not a foregone conclusion for his client if he was found guilty of the charge.

Arias appeared at Waverley court

“A custodial sentence would not be inevitable,” Mr De Brennan told the court at the time.

The court heard that Arias, a partner at a large law firm specialising in construction, had been forced to delay a $2m project he had been working on because of his arrest.

Bail was granted at the time by Magistrate Jacqueline Milledge under strict conditions including that he did not return to the family home.

But on Wednesday the court heard Arias allegedly called the woman who took out the AVO “a deceitful little bitch” in a barrage of aggressive text messages that led her to call the police.

The court heard additional messages allegedly read; “Go f**k yourself, get f**ked”, and “when I get out of here I’m going to make your life miserable”.

Nelson Arias (left) leaving Waverley court.

Arias’ lawyer agreed the alleged text messages were “unimpressive” but argued strengthened bail conditions would sufficiently protect the community.

Magistrate Ross Hudson rejected this line of reasoning, pointing to the devastating consequences risked when the court refused to take domestic violence threats seriously.

“It’s a risk I’m not going to take,” Mr Hudson told the court.

The magistrate said the facts showed a “tension” around whether Arias had been influenced by drugs and alcohol along with poor mental health that reflected a risk to the community.

The matter was heard at Waverley local court

“What he does to himself, he could do to others,” Magistrate Hudson said.

The magistrate noted that decisions based on threats must be considered in the context and parameters of societal violence – and that the court will be blamed for the consequences.

“If he goes through with any of that, who gets the blame when people ask why he was not in jail?

“The magistrate,” Magistrate Hudson said.

“There is now sitting here [a] mistrust that he can follow bail conditions,” the magistrate concluded.

“The strength of the prosecution case is extremely strong.”

Mr Hudson refused bail and set the matter to return to court in 2023.

Editor’s note:

A previous version of this story incorrectly stated that Mr Arias pleaded guilty to an assault charge. This statement was false and incorrect.

Mr Arias has pleaded not guilty and is disputing charges against him. The Wentworth Courier acknowledges its mistake. The Wentworth Courier unreservedly apologises for the damage caused to Mr Arias.