Golf club GM given the maximum sentence for evidence tampering
The former general manager of Shelly Beach Golf Club has been banned from the industry for life and handed the maximum fine, after being found guilty of tampering with evidence in a liquor-related trial.
The verdict follows an incident relating to the prosecution of club patron Bernie Nash over charges of drink-driving and resisting arrest.
Craig Ellis, the GM of Shelly Beach Golf Club at the time, was asked by police for CCTV evidence of Nash’s alcohol consumption. Instead he reportedly asked a member of staff to provide only part of the complete footage, showing Nash consume just three schooners of beer, when in fact he had consumed seven in two hours. Ellis also produced a membership ledger for that day with a number of alcohol purchases omitted from the record.
The evidence was used in court and Nash was acquitted. He then successfully sued NSW Police for wrongful arrest, assault and malicious prosecution, winning damages of $125,000 plus legal costs.
However, following the lawsuit, police were informed of the evidence tampering leading to charges against Ellis. In 2017, he was found guilty and sentenced to 22-months in jail with a non-parole period of 10 months.
The investigation by Liquor & Gaming NSW led to a complaint to NSW Independent Liquor & Gaming Authority, who found Ellis was not a fit and proper person to act in such a position at a Club.
Ellis was banned from the club industry for life, and fined $11,000. The Club was also ordered to pay $32,000 to cover L&G’s costs.
ILGA also added a condition to the Club’s licence requiring that the CCTV system cover all publicly accessible areas of the venue, and that footage be kept for at least 28 days.
“There is an expectation that any holder of a liquor or gaming licence will assist police and Liquor and Gaming NSW inspectors with enquiries,” said Sean Goodchild, director of compliance operations.
“The wilful obstruction of police by tampering with CCTV is a very serious matter, and this is reflected in the custodial sentence imposed on Mr Ellis.”
Sheridan Randall, 26th November 2018
