A North Nowra man has been cleared of dangerous driving charges relating to a collision that killed two of his friends as they lay on a residential street in 2023.
Jury Delivers Not Guilty Verdict After Brief Deliberation
Nathan Peter Bernhard, 29, was acquitted by a Nowra District Court jury on Friday, December 5. The panel took approximately two hours to reach its decision, finding him not guilty on two counts of dangerous driving occasioning death. This was the second trial for Bernhard this year, following a previous jury's failure to reach a verdict in May.
The charges stemmed from the deaths of Bobby Kelsall, 36, and Stephen Lippis, 41, on the evening of May 31, 2023. The two friends were struck by Bernhard's Isuzu D-Max ute as they lay on Condie Crescent in North Nowra. The men had been due to fly to Queensland together the following day.
The Fatal Night: Events Leading to the Collision
During the five-day trial, the court heard that Bernhard had been drinking with friends, including the victims, at Mr Lippis's home that afternoon. He left but returned around 6:14 pm to collect some chicken wings. After having another beer and showing Mr Kelsall his new vehicle, he departed about 30 minutes later.
Bernhard drove north along Condie Crescent, performed a U-turn at the cul-de-sac, and was on his return pass when the collision occurred. The victims had lain down on the roadway mere moments before the ute approached.
Forensic evidence presented to the jury indicated Bernhard's blood alcohol concentration was estimated to have been between 0.079 and 0.082 at the time of the incident. Police analysis recorded a reading of 0.090 at 8:00 pm, with a later hospital test showing 0.071 at 9:30 pm.
Legal Arguments: Negligence Versus Dangerous Driving
In his summary, Judge William Fitzsimmons instructed the jury that while it was undisputed Bernhard was driving the vehicle that caused the deaths, the Crown needed to prove he was driving in a manner dangerous to the public.
Defence barrister Justine Hopper argued the case was "incredibly sad" but contended Bernhard's actions did not meet the high legal threshold of dangerous driving. "He may have driven in a negligent manner, he may have driven in a careless manner, but he certainly did not drive in a manner dangerous," she told the court.
Ms Hopper emphasised that the two men were lying in the middle of a dark road, dressed in dark clothing, and that Bernhard could not have reasonably expected to encounter them there. She also questioned whether driving at an estimated 54 km/h in a 50 km/h zone—a difference crash experts said would not have changed the outcome—constituted dangerous driving.
Crown prosecutor Ciro Triscari, however, argued Bernhard's driving was dangerous due to a combination of factors: alcohol impairment, distraction, slight speeding, and failing to use his low-beam headlights. He cited expert testimony that Bernhard's motor skills and reaction time would have been "significantly impaired" at his blood alcohol level.
Mr Triscari pointed to Bernhard's own police interview statement—"I slammed on my brakes and looked in my mirror and saw two people lying in the middle of the road"—as evidence the men were visible on approach. The Crown relied on CCTV footage showing the victims on the road for about 23 seconds before the ute arrived, arguing this represented "moments of inattention."
The court also heard toxicology results showing both victims had blood alcohol levels of 0.153 and traces of cocaine in their systems.
Following the jury's verdict, Nathan Bernhard was formally acquitted and discharged from the case.
