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Newcastle Herald
Newcastle Herald
National

Central Coast golfer has an air swing on schooner count

BOGEY: Bernard Nash has been convicted of lying on oath during a drink driving trial.

A Central Coast golfer has been convicted of lying on oath about the number of beers he downed before jumping behind the wheel of a car in 2011.

Bernard Andrew Nash, 63, denied knowingly giving false evidence on oath in relation to his alcohol consumption at Shelly Beach Golf Club.

The court heard the golf club member drank seven schooners of full-strength beer at the club in October 2011 before being pursued by a highway patrol officer on his short drive home.

But the law dictated he couldn't be breath tested on his property, where he was arrested.

He was acquitted of drink-driving in mid-2012, having told a magistrate he drank no more than three schooners of light beer.

That testimony was backed up by footage - which had been selectively edited - of Nash at the club, buying three beers.

Nash later sued police and the state for unlawful arrest, assault and malicious prosecution and was awarded almost $125,000 in damages.

But the truth about Nash's beer consumption came to light after a club official who'd compiled footage of Nash's seven drink purchases contacted police in 2015 "because she was obviously concerned".

The whole of that footage never made it to court after Shelly Beach Golf Club's then-chief executive Craig Ellis intervened and produced his own cuts, the Crown argued.

Ellis was prosecuted and sentenced for that conduct, the jury was told.

Nash's lawyers argued their client genuinely believed he'd consumed no more than three beers when he made the remarks in court.

But the jury on Monday disagreed, finding him guilty on two charges of making a false statement on oath amounting to perjury at Sydney's Downing Centre District Court. The jury deliberated for just under five hours.

Nash was refused bail by Judge Sarah Huggett and will be sentenced on July 30.

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