Real estate agent who withdrew from drunk driving charge by lying is sentenced to five years in prison

The real estate agent who walked off a drunk driving charge by lying about how many beers he drank before getting behind the wheel, then won a $ 125,000 payout from the cops is imprisoned for FIVE YEARS

  • Bernard Andrew Nash was sentenced to five years in prison for perjury after video was released
  • Nash lied in court to escape drinking charges and again to prosecute NSW police
  • He told the court he drank three light beers on the night of the drunk driving charge
  • Staff found video that showed Nash drinking seven schooners in two hours










A real estate agent who successfully sued NSW police after his lies led to his drinking and driving acquittal has been jailed for perjury.

Bernard Andrew Nash has been convicted of two charges of perjury, relating to false testimony he gave in the defense of the prosecution and in the NSW State prosecution.

Judge Sarah Huggett jailed him in NSW District Court on Friday for five years and six months with a three-year and six-month non-parole period.

The 63-year-old Central Coast businessman testified that he drank three light beers before getting behind the wheel in 2011.

Bernard Andrew Nash (pictured) was sentenced to five years in prison after lying about how many drinks he had consumed to evade a drunk driving charge and subsequently lied again while suing the nsw police

His bogus evidence was backed up by spoofed CCTV footage of the Shelly Beach Golf Club, while full footage showed he had drunk seven full-powered schooners in just over two hours.

The judge noted the emotional and psychological harm to the police officer who arrested him, whose honesty and integrity were particularly attacked in Nash’s trial.

She had no doubt that Nash would have reasonably foreseen the harm his perjury would have caused Senior Constable Michael Hicks, who has since retired from the force after more than 20 years of service.

The Highway Patrol Officer pursued Nash on October 13, 2011, as he walked the short distance from the golf club to his Shelly Beach home.

But the law said he couldn’t take a breath test on his property, where he was arrested after a short struggle and given a notice of hearing for drunk driving.

Nash was caught in his lie after a member of the Shelly Beach Golf Club staff (pictured) found undocumented footage from the night of the drunk driving charge which showed Nash had drunk seven schooners in two hours when he told the court he'd only have three light beers

Nash was caught in his lie after a member of the Shelly Beach Golf Club staff (pictured) found undocumented footage from the night of the drunk driving charge which showed Nash had drunk seven schooners in two hours when he told the court he’d only have three light beers

He was acquitted of drunk driving and resisting arrest in mid-2012, after telling a magistrate he had not drunk more than three schooners of light beer.

Nash then sued the state for unlawful arrest, bodily harm and malicious prosecution, receiving $ 124,958 in damages after he again perjured himself.

But a club employee, who had accessed all of the CCTV footage, contacted police after seeing media reports and handed over a copy she had kept.

Club chief executive Craig Ellis has since been jailed after admitting two counts of tampering with CCTV evidence.

The perjury offenses were an “attack on the administration of justice which depends on witnesses to provide truthful evidence,” the judge said.

While both offenses were objectively very serious, his moral culpability was very high for the second perjury despite knowing he was alleging very serious misconduct against Snr Const Hicks, she said.

Nash (pictured) will not be eligible for parole for a three-and-a-half-year sentence after the judge said she had no doubts that Nash would have reasonably foreseen the harm his lies had caused Chief Constable Michael Hicks, who has since left the force after more than 20 years of service.

Nash (pictured) will not be eligible for parole for a three-and-a-half-year sentence after the judge said she had no doubts that Nash would have reasonably foreseen the harm his lies had caused Chief Constable Michael Hicks, who has since left the force after more than 20 years of service.

The case involved a very serious attack on his integrity and honesty, including a claim that he knew Nash had committed no crime.

“He chose to keep the perjury evidence to improve his chances of success and receive a financial benefit,” she said.

His conduct was not spontaneous, but calculated, premeditated and planned.

He did not receive damages as the case is on appeal.

The judge acknowledged that Nash had worked hard, supported his family and contributed to the community, while his only conviction dates back to 1979 for drunk driving.

He still maintains his innocence, claiming that he sincerely believed he had not consumed more than three beers when he testified.

Judge Huggett found no evidence to support remorse or insight, but accepted that the risk of recidivism was low.

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