Alan Eldridge 'lied' about funeral to take Wagga Council GM leave for private business, court told

Supreme Court Justice Andrew Bell on Thursday asked Mr Eldridge directly why his stated reason to council for not attending work on the day of the claimed funeral in 2016 was not "blatantly dishonest", as had been suggested by the council's legal team.

Mr Eldridge replied that he told two council staff members that he was not actually going to a funeral and "the parties I was conveying it to knew quite clearly what I was doing".

Mr Eldridge is suing the council for more than $1 million over claims that he was unfairly dismissed in 2017, with one of the defences being a claim that he performed unauthorised paid work outside of the organisation.

Wednesday was Mr Eldridge's final day in the witness box after spending most of four consecutive days being questioned by senior counsel for Wagga council, Robert Goot.

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Mr Goot asked Mr Eldridge about his business dealings with the Katungul Aboriginal Corporation, which had engaged Australian Indigenous Business Services (AIBS) to work on a new medical clinic at Batemans Bay.

Mr Eldridge agreed he was the sole shareholder and director of AIBS.

Mr Goot presented Mr Eldridge with copies of text messages from his council-supplied mobile phone in which he told Katungul staff about an upcoming "confidential" visit to the Batemans Bay clinic site on July 14, 2016 on behalf of AIBS.

Mr Eldridge told the court he kept the trip via plane confidential from all but two council staff because of "serious" death threats and being "chased".

"We still don't sleep with the blinds open at my place," Mr Eldridge said.

Mr Goot asked Mr Eldridge about an email to council executive assistant Carmel Posselt and executive support manager Scott Gray on July 12.

"I will need to attend the funeral of a close family member at Narooma Thursday this week. I will fly down so I will be down and back in one day, can you please reschedule my appointments and apologise to all affected but I really must go," the email stated.

Mr Goot asked "do you remember sending that email?"

"I don't remember it but I don't deny it," Mr Eldridge said.

Mr Goot asked "there was no family funeral of a close family member at Narooma on Thursday that week, was there?"

"No, that was an excuse that I had discussed with Carmel and Scott before I left, because Carmel was concerned about the diary being full, and I said 'Look, I've just got to go, I've got to get this sorted out, tell them something, tell them anything; I don't care'," Mr Eldridge replied.

Mr Goot put it to Mr Eldridge that it was a "bare-faced lie" and his email was part of "subterfuge" to "account for your absence from council".

Mr Eldridge's senior counsel, John Fernon, objected to the question but Justice Bell ruled it was "highly relevant".

Mr Eldridge went on to deny the email was an "excuse to leave council" as "I could go at any time, whenever I wanted to" and "there was no need to try and deceive anyone".

Mr Goot asked Mr Eldridge why his email stated he "did try to send my brother but he can't make it" if there was "never a funeral to attend".

"I don't remember," Mr Eldridge said.

Mr Eldridge accepted that the "only purpose" of his travel on that day was to visit the Katungul clinic site.

Mr Fernon later asked Mr Eldridge about the size of the "Inglewood area" and the precise start and end points of Inglewood Road in Gumly.

A proposed real estate development on Inglewood Road involving Mr Eldridge's son Joshua, and claims it presented an undisclosed conflict of interest, have been central to the case.

Mr Eldridge told the court that Inglewood was a "large area" that originated with land historically held by the Brunskill family.

Mr Eldridge previously testified he did not recognise his son's proposal when it came before council due to the size of Inglewood Road.

Both Mr Goot and Mr Fernon were due to give their final addresses to the court on Friday.

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