Source : Perth Now news
A former AFL player allegedly ripped off clients of his pool business, leaving some out of pocket with “giant holes” in their backyards, a jury has been told.
Former Port Adelaide and Carlton player Nicholas James Stevens is facing trial in the County Court of Victoria over allegations he defrauded six families in the regional city of Mildura.
The 46-year-old has been charged with 13 counts of obtaining a financial advantage by deception, one count of using a false document and four counts of theft laid as alternatives. He has pleaded not guilty.
Outlining the Crown’s case on Tuesday morning, prosecutor Toni Stokes alleged Mr Stevens deceived the six families into paying him $171,000 for pools that were either illegally installed or not provided.
In 2017, she said Mr Stevens ran a landscaping business in the northwest Victorian city before becoming a dealer for Leisure Pools – described as a global fibreglass pool manufacturer.
Ms Stokes told the jury it was alleged the accused man undertook training on the legal compliance of selling and installing swimming pools, legally installing six pools under supervision.
But, the prosecutor alleged, Mr Stevens “decided to go out on his own, knowing he was unlicensed”.
It’s alleged Mr Stevens received tens of thousands of dollars in payment from six families despite knowing he was not qualified as a registered builder and needed a major building contract and domestic building insurance.
Three families, it’s alleged, were left with “illegally and shoddily” installed swimming pools, while three others were left with “giant holes in their backyards”.
Ms Stokes told the court that jurors would hear evidence Mr Sevens was facing “serious cash flow problems” and racked up debts with a Leisure Pools distributor.
She said it was expected each of the six families would give evidence about their dealings with Mr Stevens, describing initial excitement, endless delays and excuses and, finally, disappointment.
One family received a full refund from Mr Stevens of $26,500, while another received a partial refund of $10,000, it’s alleged.
In response, barrister Jim Stavris, for Mr Stevens, asked jurors to listen “very, very carefully to the evidence” in the trial, including the chronology of the training his client received.
He told the court that Mr Stevens’ “intention” was a key consideration in the case and argued that two families receiving refunds was “proof of Mr Stevens’ intention”.
“Mr Stevens’ intention, what he thought, is very important in this case,” he said.
“I submit to you that if someone intended to defraud someone, deceive someone, they don’t give money back.”
Jurors in the trial were brought back into court by Judge Fiona Todd after the lunch break to be told they’d get an “early day”.
“I’ve been advised for technical reasons the first part of the evidence is unable to be played this afternoon,” she said.
“We’ll commence with the evidence tomorrow.”
The trial continues.
