Broker who escaped under the influence of drink driving by lying, gets five years in prison

A real estate agent who got out of drink-driving charges by lying about how many beers he sucked before he got behind the wheel and then won a $125,000 payout from police is jailed for FIVE YEARS

  • Bernard Andrew Nash gets five years in prison for perjury after video surfaced
  • Nash lied to court to escape binge drinking and again to sue NSW police
  • He told the court he drank three light beers on the night of drink driving
  • Staff found video showing Nash drinking seven schooners in two hours










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

Bernard Andrew Nash was found guilty of two charges of perjury, relating to false evidence he gave in defending the charges and in suing the state of NSW.

In the NSW District Court on Friday, Judge Sarah Huggett has jailed him to five years and six months with a non-parole period of three years and six months.

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) has been sentenced to five years in prison after lying about how many drinks he drank to get out of a drink-driving charge and then lying again when he sued NSW police

His false evidence was supported by manipulated CCTV footage from Shelly Beach Golf Club, while the full footage showed him drinking seven schooners at full strength in just over two hours.

The judge noted the emotional and psychological damage inflicted on the arresting police officer, whose honesty and integrity was particularly attacked in Nash’s lawsuit.

She had no doubts that Nash would have reasonably foreseen the damage his perjury would have inflicted on Chief Inspector Michael Hicks, who has since left the police force after more than 20 years of service.

The highway patrol officer had pursued Nash on October 13, 2011, as he drove the short distance from the golf club to his home in Shelly Beach.

But the law dictated that he could not be breath tested on his property, where he was arrested after a brief struggle and served with a court order for drunk driving.

Nash was caught on his lie after a Shelly Beach Golf Club employee (pictured) found uneducated footage from the night of the drink-driving charge, which showed Nash drank seven schooners in two hours while he was in court. told he'd only had three light beers?

Nash was caught on his lie after a Shelly Beach Golf Club employee (pictured) found uneducated footage from the night of the drink-driving charge, which showed Nash drank seven schooners in two hours while he was in court. told he’d only had three light beers?

He was acquitted of drink-driving and resisting arrest in mid-2012 after telling a magistrate that he had drunk no more than three schooners of light beer.

Nash then sued the state for unlawful arrest, assault, and malicious prosecution, awarding him $124,958 in damages after cheating himself again.

But a club employee, who had access to the full CCTV footage, contacted police after seeing media reports and handed over a copy they kept.

The club’s general manager, Craig Ellis, has since been jailed after admitting to tampering with CCTV evidence.

Perjury offenses constitute an “attack on the administration of justice that relies on witnesses to provide truthful evidence,” the judge said.

While both offenses were objectively very serious, his moral guilt was very high for the second perjury when he knew he was alleging very serious misconduct towards Snr Const Hicks, she said.

Nash (pictured) will not be eligible for parole until he serves three and a half years in his sentence after the judge said she had no doubts Nash could have reasonably foreseen the harm his lies caused.  Senior Constable Michael Hicks, who has since left the police force after more than 20 years of service.

Nash (pictured) will not be eligible for parole until he serves three and a half years in his sentence after the judge said she had no doubts Nash could have reasonably foreseen the harm his lies caused. Senior Constable Michael Hicks, who has since left the police 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 retain the perjury evidence to increase his chances of success to receive a financial benefit,” she said.

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

He has not received the compensation as the case is on appeal.

The judge acknowledged that Nash had worked hard, provided for his family and contributed to the community, while his only conviction went back to 1979 for drink-driving.

He still maintains his innocence and claims he genuinely believed he had drunk no more than three beers when he testified.

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

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