Drink-driver Bernard Andrew Nash who sued police for $125k jailed for lying

A Central Coast real estate agent who won $125k in a wrongful arrest suit has been jailed for five years for lying in court about his drink-driving incident.

A Central Coast real estate agent has been jailed for five years for lying in court about a drink-driving incident, thanks to a report in The Sunday Telegraph that led to his downfall.

Bernard Andrew Nash, 63, could be a free man today if he didn’t commit one of the world’s most spectacular overreaches.

Instead, Nash is now sitting in jail, where he will spend up to 5½ years after he was sentenced by Judge Sarah Huggett in Sydney District Court on two counts of perjury on Friday.

Bernard Andrew Nash leaving court after he was charged with perjury, perverting justice and fraud after successfully suing for wrongful arrest.

Former Shelly Beach Golf Club general manager Craig Ellis was jailed for editing CCTV footage for his mate Nash.

Nash’s saga began on the afternoon of October 13, 2011, at Shelly Beach Golf Club, where he had a number of drinks before driving the 150m distance to his home.

In that distance a police officer spotted Nash and attempted to pull him over for a random breath test.

But by the time the officer caught up, Nash had parked his car in the driveway of his home and run into his property.

The officer followed Nash into the property, where the pair got into a scuffle when the officer tried to get Nash to take a breath test.

Nash refused, and the officer issued him with a court attendance notice to face charges of refusing to take a breath test and resisting arrest.

However, the law says police cannot force suspected drink-drivers to take a breath test at their home. So when the matter went to Wyong Local Court, Nash beat the charges after the court found the officer had acted unlawfully.

A screenshot from the missing CCTV footage, which was later tendered to court.

As part of his investigation, the officer returned to the golf club, where staff provided footage of Nash at the bar, which showed him drinking three beers.

With the charges thrown out, Nash should have quit while he was ahead.

Instead, he doubled down and launched a civil case against the state for wrongful arrest, malicious prosecution and assault and battery.

He won and the NSW District Court ordered the state to pay him $125,000 in damages.

The Sunday Telegraph wrote about Nash’s win on August 9, 2015, sparking his downfall.

Golf club employee Sharyn Kennedy read the report and realised something significant was amiss, which she then reported to police.

Ms Kennedy had found the CCTV footage for the officer that showed Nash drinking behind the bar.

It showed Nash drinking seven beers in 2½ hours.

Nash has been jailed for five years for lying in court about the drink-driving incident

But before she could give it to police the club’s general manager Craig Ellis — a close friend of Nash — edited the footage so it showed Nash only drinking three beers.

But Ms Kennedy still had a copy of the original footage, which was provided to police in November 2015.

Nash was arrested and charged with perjury.

The state also launched a civil case against Nash to recover the damages he was paid.

Ellis was also charged and was sentenced to 18 months jail.

The officer who arrested Nash over the drinkdriving quit the force on medical grounds on account of the false allegations made against him during the civil case.

Nash will be eligible for parole on November 30, 2024.

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