Speaker 1: You are now entering the court of Judge Gina Leano.
Speaker 2: Sometimes trusting a friend with a valued possession isn't the
Speaker 2: best idea. If you're someone who regrets the generosity, what
Speaker 2: do you do? You come to my courtroom to resolve
Speaker 2: the issue once and for all. I am Judge Gina,
Speaker 2: and my decision is final. You better be ready to
Speaker 2: hear my ruling.
Speaker 1: A missing piece of expensive recording equipment has driven a
Speaker 1: wedge between two good friends. Brett Blake has brought Nick
Speaker 1: Kapper before Judge Gina, seeking five hundred dollars in financial
Speaker 1: compensation for a lost go pro.
Speaker 3: My name is Brett Blake. I'm a comedian.
Speaker 4: You may have seen me around gigs or sometimes on
Speaker 4: the television.
Speaker 3: I've come here today. My mate's kind of done me over.
Speaker 4: Hi.
Speaker 5: My name is Nick Kappa. I'm a comedian and I
Speaker 5: also work in a fabric factory.
Speaker 6: But I doubt you know me from that.
Speaker 4: We met in a bye in Perth doing a gig
Speaker 4: that was awful, and that was the first time we met.
Speaker 4: But then I didn't get back to him for about
Speaker 4: six months because he sent me a text message that anyway,
Speaker 4: that's irrelevant and yeah, and then we've ever since then,
Speaker 4: we've just been mates.
Speaker 6: Brett he's my best friend, he's best man at my wedding.
Speaker 5: I have come to Judge Gina because Brett keeps blaming
Speaker 5: me for losing his GoPro whereas I did not.
Speaker 4: Today I want Nick Kappa to apologize to me, admit
Speaker 4: his wrong and give me a new go bro.
Speaker 2: Court is now in session.
Speaker 1: Please rise the Judge Gina.
Speaker 2: Brett Blake, you are the complainant today. Tell me how
Speaker 2: you know Nick Happer.
Speaker 4: Brett Blake here. If you don't know what I look like,
Speaker 4: I've got a beard in a mullet.
Speaker 2: So I just asked you when you started.
Speaker 7: Yeah, no, I'll get Yeah, that's part of that that's
Speaker 7: in there.
Speaker 4: Yeah. We met in Perth the first time. Yes, I
Speaker 4: your in Perth Comedy gig and you. I left the gig.
Speaker 3: I met him there.
Speaker 4: I left the gig and then he messaged me saying
Speaker 4: should we catch up for a beer?
Speaker 3: And then I didn't respond any Yeah, he ghosted me.
Speaker 2: Do you have a love relationship? Yeah, romantic?
Speaker 7: No, comedy ghosting is usually a romantic.
Speaker 3: So I didn't catch up with him for a beer.
Speaker 4: And then about eight months later, I bumped into him
Speaker 4: again in Melbourne at a gig and then when I
Speaker 4: came out on stage, you roasted me about not responding
Speaker 4: to a dext message.
Speaker 7: Oh there you go, give it up, sweet revenge.
Speaker 2: There you go. I've heard that you've represented yourself on
Speaker 2: many occasions in court. Is that right? Is that part
Speaker 2: of your comedy routine or is that Yeah? Well it's real,
Speaker 2: I do, but I don't do what you do.
Speaker 4: I've just gone to call plead guilty under the circumstance
Speaker 4: of and given like the judge and a valid reason.
Speaker 2: So you don't have to tell me the details because
Speaker 2: I don't want you to incriminate yourself. No, but you
Speaker 2: seem very frightened in my court and you've got me
Speaker 2: on the back of what's going on.
Speaker 5: You're a very powerful Bread's the kind of guy that shoots,
Speaker 5: shoots first, then ask questions later.
Speaker 3: I'm not getting red face as we speak.
Speaker 5: I think it's one of the reasons why Brett keeps
Speaker 5: me around, because he does. He does screw up sometimes
Speaker 5: and then he's able to blame me.
Speaker 2: So you apparently go on long distance biking trips together
Speaker 2: around Australia. Is that on separate bikes.
Speaker 3: Separate bikes.
Speaker 6: I wish it was.
Speaker 2: Checking a long distance biking trips together around Australia. When
Speaker 2: did you start doing this or how many of you
Speaker 2: been on?
Speaker 3: You started about four years ago?
Speaker 2: It's three years ago. And yeah, how like once a year,
Speaker 2: once a year? Why are you doing that?
Speaker 6: I love riding motorbikes.
Speaker 5: Always catch up with my mates and then breath's like,
Speaker 5: I'd love to get back into it.
Speaker 2: It's a motorbike, not a push but I thought you
Speaker 2: were a bicycle. No, okay, so they're motorbikes. Okay, Yeah,
Speaker 2: and you're getting with all your leathers. You're part of
Speaker 2: a bike club, the two of you.
Speaker 6: We're part of kind of a bike club. Yeah, it's
Speaker 6: not rebellious bike club.
Speaker 5: It's just more my farming mates from and you're going
Speaker 5: to Windy. We've got a group called the Border Bunch
Speaker 5: because we're from the New South Wales Coeensland border.
Speaker 6: About eight of us. My dad's involved, Your dad's involved. Yeah,
Speaker 6: it's really bad.
Speaker 3: It's pretty cool. Okay, scary man.
Speaker 6: I'm surprised you haven't heard of us in one year.
Speaker 6: Card Now we're notorious.
Speaker 5: We're notorious for having like three to four beers a night.
Speaker 6: Right, we are.
Speaker 2: Hopefully not riding your bike afterwards. Sleep.
Speaker 6: Okay, we love it. I love riding a motorbike. Eat them.
Speaker 2: So did you both have this in common just coincidentally
Speaker 2: or did one one of you lead each other into
Speaker 2: this motorbike idea.
Speaker 4: I've always liked motorbikes, but I have a road bike
Speaker 4: and Nick's had more, you know, like dirt bike experience
Speaker 4: or whatever. And then he started talking about this gang
Speaker 4: and group of people. And during lockdown the government would
Speaker 4: let you get ten grand out of your superannuation. So
Speaker 4: I got ten grando out to buy yeah, ivet a
Speaker 4: dirt bike so I could go on with money.
Speaker 2: Yeah yeah. Do you go with the group or do
Speaker 2: you go individually? Together? Just you two?
Speaker 4: We go to the group once a year, i'd say,
Speaker 4: and then individually we do a lot of shorter trips
Speaker 4: because also we do stand up comedy regionally. We got
Speaker 4: to all regional Towgether gigs, so then sometimes we will
Speaker 4: just ride for three days. So we then also we
Speaker 4: got to we record content for our podcast, which is
Speaker 4: about adventure bikes and mountain biking and things like that.
Speaker 2: What's the content.
Speaker 4: We talk about our little adventures that we go on,
Speaker 4: and then we also film it all right, and then
Speaker 4: like because we're always when we're riding, we're not riding
Speaker 4: on the roads, we're riding in forests and all those
Speaker 4: fire tracks, so we say put that on a podcast. Well,
Speaker 4: so then we do our podcast night, but then we
Speaker 4: do like a video pod or small videos.
Speaker 2: Okay, yeah, fantastic. What happened on this particular occasion, You've
Speaker 2: had a go pro camera connected to is it? Nick's
Speaker 2: motorbike was.
Speaker 3: Connected to Nix motorbike.
Speaker 4: So every morning we have to load up the bikes
Speaker 4: because we've got all our sleeping stuff on there and whatever.
Speaker 4: And I got our camera gear and then I mount
Speaker 4: my cameras. So I've got I've got two three cameras,
Speaker 4: and Nick's got two cameras on his bike as well.
Speaker 2: So you've got in total, how many cameras we travel
Speaker 2: with eight cameras eight cameras, have many on yours.
Speaker 4: I take about seven of them. We don't all have
Speaker 4: them rolling on the bike. Some of them are drones,
Speaker 4: some of them are like interview style cameras, and the
Speaker 4: other one's are go Pro. So that's when we're riding,
Speaker 4: we put the go pros on so you can see us.
Speaker 4: If something happened, like we're on a dirt track, we
Speaker 4: get kangaroo jumps out with.
Speaker 2: And is it only one go pro that you've got.
Speaker 3: We've got at the moment, we've got four go pros.
Speaker 2: Okay, And where do you normally strap those?
Speaker 3: We have one to each to the front of our helmets.
Speaker 2: Uh huh.
Speaker 4: And then on my one, I've got one that as
Speaker 4: forward at the bottom of the front wheel, and then
Speaker 4: nick one on the On the day in question, your
Speaker 4: honor was on his handlebars facing him so to get
Speaker 4: a reaction shot.
Speaker 6: Okay, all interesting stuff.
Speaker 2: And so this particular occasion, till me what happened? So
Speaker 2: you've strapped the GoPro on? What time of day is it?
Speaker 2: And how long are you filming for?
Speaker 4: I strapped the go proty what time? I would say,
Speaker 4: around eight am?
Speaker 2: And where were you?
Speaker 4: We were at a motel motel, left from the motel
Speaker 4: in the morning. Yeah, so eight am I strapped the
Speaker 4: go pro to his motorbike.
Speaker 2: Uh huh.
Speaker 4: Then twelve o'clock, I would say, we were off road
Speaker 4: and we noticed the camera was missing. Around twelve I'd
Speaker 4: say around lunchtime, because we met that crazy lady in
Speaker 4: the forest and we couldn't forget why it was just
Speaker 4: a lady in the middle of.
Speaker 2: A forest, right, well, was it a lady in the middle.
Speaker 3: Of the just drinking beer?
Speaker 2: Right?
Speaker 6: Have you go?
Speaker 4: Pro nou you go? Good luck finding that she.
Speaker 6: Was walking around. You just can't.
Speaker 5: I think this lady was a mirage. And this lady
Speaker 5: disappears with a cols back. She disappeared after that.
Speaker 2: We don't know.
Speaker 6: There's only one road.
Speaker 3: It was very weird that she was out in the
Speaker 3: middle of apparition.
Speaker 2: It could have been an apparition. Who knows. I'll take
Speaker 2: your word for it. I might not take your word
Speaker 2: for it on other things, but I'll take you word.
Speaker 2: It was a strange encounter, however it was. I'm going
Speaker 2: to go to Nick now, So I just want to
Speaker 2: know what you've got to say about this. So do
Speaker 2: you agree that at about eight am before you went
Speaker 2: on a road trip, that Brett has strapped on a
Speaker 2: camera onto your motorbike and he's strapped it on correctly
Speaker 2: or adequately? Would you agree?
Speaker 6: No, I strapped that camera on it eight in the morning.
Speaker 2: You strapped it on it eight in the morning.
Speaker 5: In the morning, when we get ready, we go and
Speaker 5: around four o'clock, I think what had happened to either
Speaker 5: needed No, we needed to change the battery on on
Speaker 5: my camera and Bread changed it.
Speaker 2: Okay, not the go pro that went missing.
Speaker 6: No, No, that the go pro went missing my camera
Speaker 6: on his camera.
Speaker 2: His camera on your bike. Yeah, at about four pm. Yeah,
Speaker 2: you needed a new battery on the go pro that
Speaker 2: you then realized was missing. Yes, Pattie, why do you
Speaker 2: think it needs a battery? Does it tell you or
Speaker 2: you just know how many hours?
Speaker 6: Yeah?
Speaker 5: You just know how many hours it last night, I'm
Speaker 5: pretty horrible at it. Bread's Bread's on top of so
Speaker 5: he's like, hey, mate, your your battery's running low?
Speaker 6: No idea. Usually I usually change it myself.
Speaker 2: Okay, it's still over Bread change. So you're a funny
Speaker 2: lady in the bush. Yeah, and noticed that the camera's missing, okay.
Speaker 2: And you couldn't backtrack three or four minutes of.
Speaker 6: Driving tracked so for so long?
Speaker 2: Well you only get to backtrack for three or four minutes.
Speaker 6: I know, I know that's so long.
Speaker 5: It was like the bush was that we there was
Speaker 5: this bundle a rum can full both of us. In
Speaker 5: what way is that you'd see the shine of the can?
Speaker 5: You're like, that's the camera.
Speaker 7: That's the camera.
Speaker 3: We run so tall as well. We're riding ato like
Speaker 3: one hundred clomes an hour, so if it came off.
Speaker 2: It was going it was going to go flying. Right
Speaker 2: about midday? Is that when you notice the go pro missing?
Speaker 2: When you met this lady who was possibly an apparition.
Speaker 6: It was later in the afternoon.
Speaker 2: When did you meet the lady?
Speaker 6: I reckon, we saw probably around four o'clock.
Speaker 2: Okay, so you'd already noticed you go pro missing by then,
Speaker 2: so we.
Speaker 3: When we noticed it was when the lady.
Speaker 2: Was a different story here, Brett. You say eight am,
Speaker 2: you strapped the camera. On twelve o'clock you notice it
Speaker 2: missing in around four pm you notice this lady or
Speaker 2: the same time, you know.
Speaker 3: Whenever I noticed the lady. I'm very bad with timings.
Speaker 4: Yeah, but whenever we stopped and yeah, when we were
Speaker 4: looking for the go pro, that's when we bat we.
Speaker 3: Noticed the lady.
Speaker 2: Okay, So if you're bad with timing, it could have
Speaker 2: been four pm.
Speaker 4: I would the go pro was secure on at the
Speaker 4: time of the motorbike in the morning and then it's
Speaker 4: on your bike, so you should be looking after your
Speaker 4: own equipment at that stage.
Speaker 2: Well, you weren't looking after your own equipment if you've
Speaker 2: put it on someone else's bike assumed that they will
Speaker 2: look after it.
Speaker 3: I'm getting I did assume.
Speaker 2: Yeah, I previously had you put that GoPro.
Speaker 4: On the bike, Okay, with his specific bike, I'd say
Speaker 4: ten times.
Speaker 2: Ten times in the past, and never a.
Speaker 3: Problem, never a problem before. And I mounted GoPros for
Speaker 3: about the last fifteen.
Speaker 2: So do you do you think he mounted correctly this time?
Speaker 3: One hundred?
Speaker 2: So why would why do you say it would have
Speaker 2: fallen off.
Speaker 3: Just due to vibration that happens over time.
Speaker 7: So an accident, yeah, an accident.
Speaker 4: But also you should with off road adventures, you should
Speaker 4: be constantly checking your gear.
Speaker 2: So it could have accidentally come could have accidentally come off, right, right, Okay,
Speaker 2: And I mean but it wasn't visible. But if it does,
Speaker 2: if you are saying that you should check it, there's
Speaker 2: the same applies to you. You should have checked it.
Speaker 2: I'm checking my year, right, but that is your gear's
Speaker 2: some of our head stop to get good faith. You've
Speaker 2: mentioned that you do a podcast together. And the reason
Speaker 2: why you film your rides is for the podcast, Brett,
Speaker 2: Why are you the only one supplying the recording equipment?
Speaker 4: Nick's broke and I want to have good footage for
Speaker 4: our podcast and our listeners. So I've spent about twelve
Speaker 4: thousand dollars on recording gear and video cameras, and Nick's
Speaker 4: probably spent five hundred, right, twelve thousand dollars through bread
Speaker 4: the drives four thousand each of these two cameras.
Speaker 2: In fact, you're stopt they talking. So in actual fact, Brett,
Speaker 2: you're enabling Nick to have a job doing a podcast
Speaker 2: by your equipment.
Speaker 4: Yes, all right, and he also gets half the money
Speaker 4: that we make as well from that, even though that
Speaker 4: shouldn't be a fair split considering financially doesn't put in
Speaker 4: towards podcast.
Speaker 3: But that's a different argument.
Speaker 2: Yeah, all right, So you've mounted it correctly, you say,
Speaker 2: But you would you admit that through vibration that it
Speaker 2: could have accidentally fallen off?
Speaker 3: It's a possibility.
Speaker 2: Well, that's clearly what happened, because unless you're alleging that
Speaker 2: he's pulled it off and thrown out somewhere, how else
Speaker 2: would it have come off?
Speaker 3: Yeah, clearly that, but I still think you should be checking.
Speaker 2: No, that's not I'm asking you. So clearly there's vibration
Speaker 2: and it's fallen off unless you're alleging that he actually
Speaker 2: pulled it off, and what we.
Speaker 4: Were saying, i'd say it would be likely have been vibrations. Yeah, okay,
Speaker 4: I'm not having I'm stressed out right now. May I
Speaker 4: add something in here? I constantly remind Nick to check
Speaker 4: the gear all the time, and he has a history
Speaker 4: of damaging my camera.
Speaker 2: Gear, right, So why do you keep trusting him?
Speaker 4: Because I have to get the footage unfortunately, because it's
Speaker 4: for our podcast, and.
Speaker 2: If you've got damaged equipment, there's no footage that comes
Speaker 2: with the damage to quick So it's a little bit
Speaker 2: like inviting a problem, isn't it.
Speaker 7: Yeah, it is like inviting me.
Speaker 2: And the definition of insanity is doing the same thing
Speaker 2: repeatedly and expecting results.
Speaker 3: I agree, I agree.
Speaker 2: All right, I'm going to make my decision.
Speaker 1: Judge Gina is deliberating and will soon hand down her verdict.
Speaker 1: Please do not leave the courtroom.
Speaker 2: Okay, So I've made a decision. So in this situation,
Speaker 2: I would suggest that there's contributory negligence here that I
Speaker 2: could probably apportion fifty to fifty. So Brett, you're asking
Speaker 2: for five hundred dollars and I will grant you two
Speaker 2: hundred and fifty dollars.
Speaker 4: I feel today when awfully bad for me. I was
Speaker 4: coming in Swing. I was like, I've been in court before,
Speaker 4: this will be fine. Absolutely not. I was red faced
Speaker 4: within three minutes of being here.
Speaker 5: I feel like maybe I got a fair trial.
Speaker 6: I don't know.
Speaker 5: I've got no idea about courts and stuff like that,
Speaker 5: but look, according to me, I shouldn't have to pay anything.
Speaker 4: I think all the testosterones left my body a twelve
Speaker 4: year old boy. Now I don't even want to go
Speaker 4: pro anymore.
Speaker 7: I just want to go home.
Speaker 5: It won't affect my relationship with Brett, because this is him.
Speaker 5: Every day he always wants an argument. Every day is
Speaker 5: a court case, every day is a battle when you
Speaker 5: are friends with Brett Blake.
Speaker 6: Only this was in more of a formal fashion.
Speaker 5: And finally someone talked over him, which is so great.
Speaker 4: So yes, I'd say this is over, and then now
Speaker 4: we can concentrate on the other four cameras he's damaged
Speaker 4: with mine.
Speaker 3: I hope there's no video footage of this because I
Speaker 3: look like a coward.
Speaker 1: This has been an iHeart production.