Read cops’ emails to Justin Hemmes’ nanny over assault case with her ex-lover

Billionaire pub baron Justin Hemmes’ two children with model Kate Fowler are so close to their long-term nanny she says they consider her to be their mother.

Details of Hemmes’ family life were revealed when Alana Sutherland failed to give evidence against her ex-boyfriend who was accused of assaulting her in his city apartment.

Police were relying on Ms Sutherland’s testimony against one-time lover Timothy Shaw, and the assault charge against him was withdrawn when she did not appear in court.

Ms Sutherland had instructed a lawyer to tell police she could not face Sydney’s Downing Centre Local Court on June 23 because she was flying to Europe to work for Hemmes a day earlier.

‘In regards to her requirement to depart on that date, she is a full-time nanny for a person by the name of Justin Hemmes,’ solicitor Michael Bowe wrote. 

‘She is required as part of her employment to be in Europe to look after his two children, who are five and seven years old. 

‘She has been working with Mr Hemmes for a period of seven years. The children regard Ms Sutherland as their mother, as she has basically raised them since they were born.’

Mr Bowe explained Ms Sutherland worked five days a week, ‘day and night’, on a one week on/one week off basis. 

‘There is no other nanny, as they are with their mother on the other week,’ he wrote.

Hemmes, 50 and Fowler, 34, separated in 2018 and he has been in a relationship for the past few years with 26-year-old model Madeline Holtznagel. 

Mr Bowe said it was ‘imperative’ that Ms Sutherland accompany Hemmes on the European trip, which had been organised three months earlier. 

‘It cannot be changed and certainly is not in her control,’ he asserted.

Social media posts show Hemmes and Holtznagel have been in Croatia this week, after recent visits to Japan and the Maldives.

Emails and a text message police sent to Ms Sutherland in an attempt to convince the 32-year-old to give evidence against Mr Shaw were tendered in court. 

Mr Shaw, who calls himself as an ‘intellectual’ on social media, was accused of assaulting Ms Sutherland on February 20 last year.

At that time the pair was no longer a couple but remained friends, and Ms Sutherland had been temporarily staying with 37-year-old Mr Shaw at his Kings Cross apartment. 

Ms Sutherland was subpoenaed in February to give evidence against Mr Shaw but emailed police on March 9 to say she would be unable to attend due to her work. 

‘Hi, sorry been meaning to get back to you just have been waiting for confirmed dates of my work travel,’ she wrote. ‘I won’t be here on the 23rd June we leave for Europe on the 22nd so will be travelling sorry.’

Senior Constable Cameron Schulte from Kings Cross police station emailed Ms Sutherland the same day asking when she would be available to get into the witness box.

‘I along with other members of the New South Wales Police Force have gone to great lengths to ensure this matter proceeds at court,’ he wrote. 

‘I feel that you may not be adequately portraying the seriousness of the matter to your employer, or not advising them at all of the matter, so that the appropriate arrangements are made within your work schedule to ensure that your availability is ensured. 

‘This has also led to expenses having to be paid to defence also.’ 

The court case had previously been listed for hearing in November last year, but on that occasion Ms Sutherland was in Queensland and police were ordered to pay Mr Shaw legal costs of $3,000.

Senior Constable Schulte, who was awarded the Bravery Medal for rescuing his father during a bushfire at their Bathurst farm in 2009, was not going to be deterred.

He sent another email to Ms Sutherland on March 27 asking about her readiness to give evidence against Mr Shaw. 

‘Also feel free to let me know the reasons behind any unwillingness you may have,’ he wrote. 

‘Maybe I can put it all in perspective for you so that you’re not as apprehensive about attending court.’ 

Senior Constable Schulte sent a text message to Ms Sutherland on May 2 seeking confirmation she would be overseas on the day of Mr Shaw’s hearing.

Mr Bowe responded three weeks later on her behalf.

‘In relation to the offence itself, our client did not call the police,’ he wrote on May 24. 

‘She did not wish to give a statement to the police but was interviewed by attending police through bodycam. 

‘At the time of speaking to the police she did not realise she was being interviewed and was going to be a witness. She does not wish to be a witness and has fears in that regard.’  

On June 23, solicitor Chris Watson tendered two notes Ms Sutherland had written to his client shortly after he had briefly been taken into custody. 

In one note, Ms Sutherland expressed her love for Mr Shaw and described him as ‘family’; the other said she had not wanted him arrested or charged. 

Police prosecutor Sergeant Mathew Sztelma told magistrate Daniel Covington that ‘all reasonable steps’ had been taken to get Ms Sutherland before the court. 

Senior Constable Schulte had written a report to his superiors suggesting the charge against Mr Shaw be withdrawn but that recommendation was denied.

After Mr Covington said he was not satisfied all reasonable steps had been taken to compel Ms Sutherland to give evidence, the common assault charge was dropped.

Mr Shaw, who has a doctorate in philosophy and has taught bioethics at the University of Sydney, accepted the imposition of a 12-month apprehended violence without making any admissions of wrongdoing.

Before moving to Kings Cross he lived in Carrara Road, Vaucluse, in a house which overlooks the Hemmes family mansion, The Hermitage. 

Mr Watson had told Mr Covington that Ms Sutherland’s employer was ‘someone who attracts media attention’. Ms Sutherland is regularly photographed with Hemmes as she travels with the hospitality mogul.

The petite blonde is often seen behind the wheel of a black Range Rover or a blue Fiat Abarth, both of which have Hemmes’ personalised number plates.

Ms Sutherland was pictured three weeks ago with Hemmes, his daughters and Ms Holtznagel getting out of the Merivale CEO’s seaplane in front of The Hermitage.

Hemmes, who owns at least 70 hotels, restaurants and other entertainment venues, was in a relationship with Fowler for three years from 2015.

The former couple was photographed with their daughters and Ms Sutherland in July 2018, a day after Hemmes announced their separation.

‘Kate and I have the utmost love and respect for each other,’ Hemmes said in a statement at the time.

‘At the beginning of 2018, Kate and I decided our friendship and respect for family life would become the focus of our relationship.

‘We love our children dearly and for now continue to live together happily in our family home.

‘Kate is a wonderful, wonderful, wonderful woman. As for what the future holds, I am not sure.’ 

Fowler is the sister of 31-year-old Victoria’s Secret model Georgia Fowler and the daughter of 64-year-old Australian golfer Peter Fowler.   

It was reported in November 2020 that Hemmes had given Fowler a $7.5million Dover Heights cliffside mansion, less than a 10-minute drive from his $100million home.

Hemmes and his family filled the 102nd place on the Financial Review Rich List this year with an estimated $1.39billion fortune.