Former AFL star Nick Stevens has been found guilty of defrauding six customers of his pool installation business almost a decade ago.
The 46-year-old, who played 231 games over 12 seasons for Port Adelaide and Carlton, was found guilty of 12 counts of obtaining a financial advantage by deception and one charge of using a false document on Monday.
He was acquitted on one charge of obtaining a financial advantage by deception, relating to the first part payment made by the first victim in the case.
Stevens faced trial in the County Court of Victoria after pleading not guilty to all charges.
The case centred around pools Stevens was hired to install in the regional Victorian city of Mildura in 2017 while he was working as a distributor for Leisure Pools.
Prosecutors, led by Toni Stokes, alleged Stevens never intended to install legally compliant pools for the six families when he was paid $171,000.
One family received a full refund and another received a partial refund, while four were left out of pocket, the court was told.
In her closing address, Ms Stokes said Stevens was aware of the legal requirements of the job after receiving training and installing six other pools under supervision.
“If the accused intended to comply with the legal requirements, why were there no major building contracts, no domestic building insurance, why were they (his customers) not asked to complete building permits?” Ms Stokes asked.
“The answer, ladies and gentlemen, is simple. The accused never intended to install legally compliant swimming pools for these complainants, he deceived them for his own gain.”
By early 2018, the court was told Stevens had stopped working on each of the projects, leaving them in various states of completion.
At the time, Stevens had run into financial difficulty, with his bank accounts in overdraft and outstanding debts to Leisure Pools and a transport company for several pools already delivered, the court was told.
The charge of using a false document related to a doctored screenshot Stevens allegedly sent to a shipping company, falsely showing he had transferred them funds to deliver one customer’s pool.
Stevens accepted the screenshot appeared to be false but denied it was him that sent it, suggesting it could have been his ex-partner.
The jury heard Mildura Council began issuing stop-work orders for the pool installations, the first coming in May 2017, because there were no permits in place.
Prosecutors alleged Stevens was aware he was operating without permits after the first stop-work order but still continued to sign up new customers.
Stevens’ defence, led by barrister Jim Stavris, argued at the time he entered into agreements with the homeowners, he intended to and believed he was capable of installing legally compliant pools.
“He started jobs thinking the permits were coming … If his intention was not to do the job properly and just take their money he would have taken their money and run,” Mr Stavris argued.
The jury was told Stevens had previously installed six legally compliant pools under a training agreement with registered builder Brian McDonnell and his company Bricol, which sourced permits under his licence.
Mr Stavris argued this arrangement “was ongoing and never terminated” despite Mr McDonnell giving evidence he had no contact with Stevens or the six families about their pools.
In the witness box, Stevens claimed that it was his prior experience with the legally compliant pool installations that he’d only get a copy of the permit after the final approvals.
He said he got each of his clients to sign forms to apply for a permit and to appoint a building surveyor and sent these to Mr McDonnell to complete.
Addressing the jury, Ms Stokes said there was a “clear conflict” between Stevens’ claims and the evidence of each of the victims and Mr McDonnell.
“You might recall that I put to the accused he was a habitual liar,” she said.
“He did not accept that … You may find on the basis of all the evidence he was not a truthful person.”
Before sending the jury out to deliberate on verdicts, Judge Fiona Todd summarised the “central question” they had to determine.
“Has the prosecution proven, and proven beyond reasonable doubt, at the time that Mr Stevens made the representation, that he will deliver and install a legally compliant swimming pool … did he know that representation was false or was probably false at the time he made it?” she said.
Stevens will return to court on May 21.