Jury in trial of ex-AFL player Nick Stevens dismissed after ‘technical difficulties’

A Melbourne judge has apologized to a jury for the “waste of time” after technical issues led to the postponement of a former AFL player’s fraud trial.

Nick Stevens, who played for 12 seasons between Port Adelaide and Carlton, was appearing in court this week in the regional Victorian city of Mildura over allegations he defrauded six families.

Prosecutor Toni Stokes told jurors on Tuesday that the 46-year-old was allegedly paid a total of $171,000 for swimming pools that were illegally installed or not provided.

Mr Stevens had pleaded not guilty to 13 charges of obtaining financial advantage by deception, four alternative charges of theft and one count of using a false document.

His lawyer, Jim Stavris, had urged jurors to listen “very, very carefully to the evidence” and to consider Mr. Stevens’ “intent” in dealing with the families.

“I would like to inform you that if someone intends to defraud or deceive someone, they do not give the money back,” he said.

The jury was due to hear the first witnesses in the case on Tuesday afternoon but was sent home early by Judge Fiona Todd because of problems involving videos of the questioning of witnesses from Mr Stevens’ first trial; this hearing was canceled due to the judge’s inability to continue the case.

“I have been informed that for technical reasons the first part of the evidence cannot be played this afternoon,” he said.

“We’ll start with the evidence tomorrow.”

The jury returned to the District Court of Victoria on Wednesday morning after Judge Todd said they should be dismissed.

“Jurors in the morning, what’s about to happen is my least favorite thing… you’re all disturbed and you shouldn’t have done this,” he said.

Judge Todd said the “technical issues” had not been resolved and his inquiries on Wednesday morning gave him no comfort that they would be done promptly.

The judge stated that he was not prepared to keep them waiting and that it was a “waste of time”.

“Because I am not satisfied that your time will be properly utilized… I have decided that you will be discharged from service,” he said.

“This shouldn’t have happened. As you can probably tell, I’m not very happy.”