Source : Perth Now news
A customer who hired a former AFL star to install a pool says he was left with a hole in the ground and “ridiculous” excuses, a jury has been told.
Nick Stevens, who played more than 200 games between Port Adelaide and Carlton, is facing trial in the County Court of Victoria accused of ripping off six families of more than $170,000.
He has pleaded not guilty to 18 charges, including obtaining a financial advantage by deception, theft and using a false document.
Prosecutors allege Mr Stevens deceived the six customers in the regional Victorian city of Mildura, either leaving them with illegally installed pools or large holes in the ground.
Ben Knight, one of the people the accused man allegedly defrauded, told the court he was looking at replacing a pool in 2017 when he was put in contact with Mr Stevens.
Mr Knight said he paid out more than $34,000, with the new pool expected to be installed on November 10 that year.
Quizzed by prosecutor Toni Stokes on what happened, Mr Knight said the pool “never arrived” and he was given “constant” excuses.
“There were so many reasons I don’t remember the initial one,” he said.
“Every week there was another delay from that time to late in January.”
Mr Knight said he was told it had rained too much, that the delivery truck had broken down and that Mr Stevens was in a legal battle with the supplier Leisure Pools.
“Eventually he stopped answering our calls and that was it,” he said.
“The excuses were getting ridiculous.”
Mr Knight said he received a $10,000 refund in about February 2018, but nothing further after that date.
He told the jury he was left with a “big hole” in the backyard and a “fair bit of mess”.
In cross-examination from Mr Stevens’ barrister Jim Stavris, Mr Knight denied he’d pressed the accused man to install the pool without a permit nor physically threatened him.
“It’s made up … he says a lot of things,” Mr Knight said.
Another customer, Julie Martin, gave evidence she accepted a quote from Mr Stevens to install a pool in January 2017 which was about $4000 to $5000 cheaper than a competitor.
Ms Martin said she received a quote for $26,500 that included the pool, construction costs and permits.
She said Mr Stevens would attend the home every few days to check in on the workers, but always had excuses when they asked for a copy of the council permit.
“It was always ‘Ah, I apologise, I’ve forgotten’, or ‘I’ve lost it at home under paperwork’,” she said.
In about April 2017, Ms Martin said she, and her husband Damien Martin, attended the City of Mildura offices where they were told no permit had been granted for the works.
She told the court a stop work order was issued, and she received a full refund in July 2017, with the pool removed.
Ms Martin said she was left with a hole in her backyard before getting another company to install a pool.
Prosecutors allege Mr Stevens ran a landscaping company in the regional city before signing up to become a distributor for Leisure Pools in 2017.
It’s alleged he undertook training from another company on the legal compliance of selling and installing pools, installing six pools under supervision, before deciding to “go out on his own”.
Ms Stokes said Mr Stevens allegedly received tens of thousands of dollars in payments from six families while knowing he was not qualified as a registered builder and needed a major building contract and insurance.
“The accused knew how to install a legally compliant pool because he’d already done so six times,” she said.
Ms Stokes said it was alleged Mr Stevens was having “serious cash flow problems” around the time and spent customers money on other things, including pools for other clients.
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”.
At the start of the trial, Mr Stavris asked jurors to listen “very, very carefully to the evidence” and consider Mr Stevens’ “intention” when dealing with the families.
“I submit to you that if someone intended to defraud someone, deceive someone, they don’t give money back,” he said.
The trial continues.
