Instead, he took it further and sued the state in NSW District Court in 2013 for wrongful arrest, assault and malicious prosecution. After accusing himself for the second time, he was successful – and was awarded $ 25,000 for wrongful arrest, $ 25,000 for assault and violence and $ 75,000 for malicious prosecution along with other damages.
It was only after this unexpected was reported in the media that Mrs. Kennedy realized that something was wrong. And what Nash and Ellis did not know was that she had saved a copy of the original CCTV.
Mrs. Kennedy went to the police, and in November 2015, Nash was arrested for perjury. Ellis was also arrested for her role in the fraud, pleaded guilty and was sentenced to 18 months in prison.
On Friday, Judge Sarah Huggett said both cases of perjury – first committed in the local court, then in city court two years later – were “very serious” and “constitute an assault on the administration of justice”.
The second perjury, however, was even more serious, and involved cases which Nash initiated himself to “take advantage” of his successful deception by the local court.
His deceptive testimony was “not spontaneous,” nor was it “a desperate lie.” His behavior was rather “calculated, deliberate and planned,” Judge Huggett said.
She also noted that perjury is “not a victimless crime”, especially in light of the proceedings Nash took against the state of NSW, which involved allegations of serious misconduct against senior Constable Hicks and “directly questioned his honesty and integrity”.
Senior Constable Hicks had been a police officer since he was 19, but was discharged from the doctor last year after suffering mental damage as a result of the accusations made by Nash. Judge Huggett said she had no doubt Nash could have “reasonably foreseen” that his false allegations would affect the police officer.
Nash, who appeared via audiovisual link from the John Moroney Correctional Center, was sitting cross-legged when he was sentenced to a maximum of 5 years in prison.
He will be eligible for parole on November 30, 2024.
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