Victim who owed $100 threatened into making false affidavit
A WOMAN has faced Hervey Bay District Court for attempting to pervert the course of justice.
Nicole Pollack, 33, pleaded guilty to the charge, which resulted from an incident in Hervey Bay on May 7, 2019, where she attempted to procure a false affidavit to pervert the course of justice.
Crown Prosecutor Michael Garwych said Ms Pollack's partner was arrested in relation to a sawn-off shotgun and balaclava.
Ms Pollack received a phone call from her partner in the watch-house and after that call, contacted the victim to inform him of the matter, the court heard.
The victim owed Ms Pollack $100.
"Ms Pollack told the victim that her partner was in the watch-house and told him words to the effect of 'pay your bill or do an affidavit, or I will get people to come after you'."
"She drove the victim to Hervey Bay courthouse, where he completed an affidavit dictated to him by Ms Pollack, taking responsibilities for the weapon and balaclava … that affidavit was false and signed by the justice of the peace," Mr Garwych said.
Mr Garwych said the offence struck at the very heart of the administration of justice.
"They're serious in nature, and even though she wasn't the one who prepared the affidavit herself, it's more concerning she procured someone to do it under the implied threat of violence," he said.
Defence lawyer Travis George acknowledged the charge of attempting to pervert the course of justice was a serious offence.
"She's at the crossroads not to go back to prison again, or it will continue on and she will be in and out of prison, dealing with drug addiction for the rest of her life," he said.
Mr George told the court Ms Pollack had voluntarily undertaken drug screenings with clean results, parenting classes, work training, an education course and TAFE courses.
"My submission, this demonstrates a lady who is attempting to take the proper path, rather than the other path that exists in regards to the crossroads," Mr George said.
"Her family and friends attest to a lady who has had struggles in her life, but in most recent times is genuinely attempting to turn things around for herself and her children."
Judge Ian Dearden said Ms Pollack had identified how to make changes for her future and her attempts to make a difference were "very significant".
Judge Dearden sentenced Ms Pollack to 15 months' imprisonment, wholly suspended, with an operational period of two-and-a-half years.
"It's up to you to make sure you don't stuff up," he said.