The men received weekend detention after they pleaded guilty to stealing $9990 worth of beer.

The latest court case heard of death threats, an undercover police operation and allegations of staff, including security guards, being paid thousands of dollars to turn a blind eye as stolen beer was loaded onto trucks.

In the NSW Supreme Court in Sydney last week, Linfox was trying to recover more than $400,000 in damages from a truck driver, his offsider and the truck driver’s wife for the organised theft of beer from its depot at Clyde in western Sydney.

In an affidavit presented in evidence, a whistleblower employee said the truck driver, Phillip Ellul, boasted that he made $25,000 in one week alone selling the beer to bottle shops at cut prices.

Judge Timothy Studdert heard evidence that Ellul threatened to kill a security guard, who was initially involved in the thefts, when he wanted to stop helping Ellul get the beer out of the depot. He also threatened to kill the guard’s wife and children as well as burn down his house.

The beer was made by Carlton and United Breweries (CUB) who contracted Linfox to distribute it.

Between 1992 and 1999, Ellul and his wife Diana had a contract with Linfox to deliver beer using their own truck.

Before the driver and his offsider, William Cassar, were arrested in December 1999, Linfox was forced to reimburse CUB for missing beer.

Ellul and Cassar were charged with stealing $1.2 million in beer products. Those charges were subsequently withdrawn and, after plea bargaining with the Director of Public Prosecutions, the men eventually pleaded guilty to stealing beer totalling $9990.

In 2001 Ellul was sentenced to six months’ periodic detention. Cassar was ordered to serve nine months’ weekend jail.

Ellul and Cassar declined to give evidence in this case on the grounds it may incriminate them.

Counsel for Linfox, Arthur Moses, told the court Ellul told an undercover police officer known as "Max" that he had been stealing beer for "well over 12 months" and admitted to earning $170,000 from the sale of stolen beer.

Mr Moses said the police officer, who had been employed to check the amount of beer being loaded onto trucks at the Linfox depot, received amounts of cash for allowing pallets of beer to go unchecked onto Ellul’s truck.

On Thursday Justice Studdert reserved his judgement. It is expected later this year.

Jim O’Rourke