Former AFL Player Nick Stevens Convicted in Pool Installation Fraud Case

Former AFL Player Nick Stevens Convicted of Pool Fraud

Nick Stevens, a former Australian Rules Football League (AFL) player, has been found guilty in the County Court of Victoria on multiple charges related to his pool installation business. Stevens was convicted of defrauding six customers by taking payments for swimming pools that were either not delivered, left incomplete, or did not meet legal requirements.

The Verdict: Guilty on 12 Counts

Stevens, 45, who previously played for Carlton and Port Adelaide, was found guilty on 12 counts of obtaining a financial advantage by deception and one charge of using a false document. He was acquitted on one charge of obtaining a financial advantage by deception, having originally faced 14 fraud-related charges.

The Scheme Unveiled: Case Background

The case centered on Stevens' operation of a landscaping business in 2017 and 2018. During this period, he held a dealership agreement to sell Leisure Pools in the Mildura region of Victoria.

Prosecutors stated that Stevens accepted approximately $170,000 to $171,000 from six families for the purchase and installation of swimming pools.

According to the prosecution, the affected families were left with either undelivered pools, incomplete installations, or structures that did not meet legal requirements. Four families experienced financial losses, while two received full or partial refunds. Prosecutors alleged a consistent absence of major building contracts, domestic building insurance, and completed building permits across the projects.

Regulatory Breaches and Stop-Work Orders

Legal requirements mandate that a building permit must be secured before any work commences for swimming pool installations. Mark Yanstes, Mildura Rural City Council's municipal building surveyor, testified that in 2017 and 2018, the council identified several jobs where homeowners believed permits had been applied for. However, the necessary paperwork had not been received by the private building surveyor before work began.

This led to the council issuing stop-work orders for the installations, starting in May 2017, as permits cannot be issued retrospectively. Prosecutors alleged that Stevens continued to sign new customers despite being aware of these orders.

Prosecution vs. Defense: Intent Under Scrutiny

The prosecution, led by Toni Stokes, contended that Stevens never intended to install legally compliant pools and instead used the funds for his personal benefit. Prosecutor Stokes argued that Stevens did not intend to install compliant swimming pools.

Stevens' defense barrister, Jim Stavris, argued that Stevens initially intended to install compliant pools when the agreements were made. Stavris claimed that Stevens later encountered financial difficulties in late 2017, suggesting that his attempts to resolve problems indicated an original intent to fulfill the contracts. Stevens was reportedly experiencing financial difficulties by early 2018, with overdraft bank accounts and outstanding debts to Leisure Pools and a transport company.

The defense also claimed Stevens had previously installed six compliant pools under a training agreement with registered builder Brian McDonnell and believed he was capable of continuing to do so, asserting he sent permit application forms to Mr. McDonnell. Prosecutor Stokes, however, pointed out conflicts between Stevens' claims and evidence presented by victims and Mr. McDonnell.

Key Testimony and Evidence

One victim, Ben Knight, informed the court that he paid Stevens over $30,000 for a pool that was never received. Knight stated that Stevens provided various explanations for delays, including adverse weather, truck malfunctions, and ongoing legal disputes with Leisure Pools.

The charge of using a false document related to an accusation that Stevens sent a doctored screenshot to a shipping company, falsely indicating a funds transfer for a customer's pool delivery. Stevens acknowledged the screenshot appeared false but denied sending it, suggesting his ex-partner might have been responsible.

Judicial Outcome and Next Steps

Judge Fiona Todd instructed the jury to determine if Stevens knew his representation to deliver and install a legally compliant swimming pool was false or probably false when he made it.

Following the verdict, Judge Todd denied Stevens' request for extended bail, remanding him into custody. Stevens is scheduled to appear in court on May 21 for a plea hearing.