Ex-AFL player Nick Stevens accused of defrauding swimming pool customer of almost $30k
A new witness has given evidence in former AFL player Nick Stevens' fraud trial, alleging Mr Stevens duped him out of almost $30,000 in a dodgy swimming pool deal.
Stevens is charged with dishonestly accepting more than $170,000 from families in Greater Mildura and is currently facing trial in the County Court of Victoria.
Earlier in the trial the 45-year-old pleaded not guilty to all 18 fraud-related charges.
The court heard on Friday that David Byrnes paid Mr Stevens $27,513.75 on November 14, 2017 for a pool to be installed at his Irymple address, one suburb away from Mildura, equalling 75 per cent of the total cost of the pool.
Mr Byrnes told the court he was expecting Mr Stevens to deliver and install a brand new pool, however was given a beat-up, cracked pool riddled with structural and aesthetic problems.
"It wasn't brand new. There was cracks. There still is cracks," Mr Byrnes said before the jury.
"[There were] surface cracks in the steps and there was a big hole in the skimmer box that stood out. There was square foam bits on the side of it [the pool].'
Upon further investigation, Mr Byrnes learned Mr Stevens also lacked the proper permit to install the structure.
"We thought part of the process was you had to get the permit first to start the proceedings to put the pool in," Mr Byrnes said.
Mr Stevens never replaced the damaged pool, never installed it legally and correctly, and never provided Mr Byrnes with a refund, the court heard.
"You need business insurance from a builder to get the permit to put the pool in," Mr Byrnes said.
"Nick didn't have that builders licence to get the insurance to get the permit."
Mr Byrnes told the court he asked Mr Stevens for a refund several times.
To which Mr Byrnes alleged Mr Stevens responded: "You've got to be kidding me. It's not worth taking the pool out."
Director of sales distribution at Explore Industries – formerly Leisure Pools – Jason Smith took the stand on Friday.
Mr Smith has held the position at the Queensland-based pool distribution business for two decades, including throughout the time of Mr Stevens' alleged offending.
The County Court heard defence barrister Jim Stavris read part of a statement Mr Smith had given, where he said: "He [Nick Stevens] told me [Jason Smith] Nick had a good friend [Brian Mcdonnell] in Mildura who would provide the correct licensing until such time Nick could obtain his own."
"I was reassured by him he had this covered and so proceeded to the dealership phase," Mr Smith's statement read.
Mr Smith replied by saying he didn't understand.
Mr Smith said the plan proposed by Brian Mcdonnell addressed a "gap" in the pool licensing system.
"People need a licence to be able to install swimming pools," he told the court.
"But you can't learn how to install swimming pools without a licence."
Mr Smith told the court he understood Nick Stevens' good friend Brian Mcdonnell was going to use his licence to train people installing pools, so they could later get their own licences.
"We were quite excited about this approach, it was new to us," Mr Smith said before the jury.
The trial continues.
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