Brett Henson: High-flying Mirvac executive who stole a taxi after night out at Sydney's Ivy nightspot learns his fate - as judge makes a ruling on his 'Muslim brotherhood' excuse

READ MORE: Brett Henson breaks his silence 

A former high-flying real estate executive has been found guilty of stealing a taxi and driving it while drunk after a judge rubbished claims that he acted out of fear for his life.

Brett Henson, 42, was charged after taking off with the vehicle about 9pm on November 4, 2022 following a night at Sydney's Ivy nightspot. He abandoned the damaged car in Woollahra, in the city's east.

Henson pleaded not guilty in court, arguing he stole the vehicle because he was being pursued by the taxi driver, Sayeed Ali Khan, and a group of men after a dispute erupted when he broke the taxi's door handle.

Henson claimed the group of men called themselves the 'Muslim Brotherhood' and were attempting to kill him. He claimed they began chasing him after taking Mr Khan's side.

But Magistrate Gregory Moore rejected Henson's claims in Sydney Downing Centre Local Court on Monday - finding him guilty of stealing a vehicle and drink driving.

'I do not accept the accused was forced to drive the vehicle because of those threats,' Mr Moore said, according to The Sydney Morning Herald.

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Former Mirvac executive Brett Henson is seen at Sydney's Downing Centre Court in March

Magistrate Moore said Henson could have taken other steps - such as phoning emergency services or getting help from witnesses - if he feared for his safety, rather than stealing the vehicle.

However, the magistrate ruled Henson was not guilty of a third charge - reckless driving. He was not satisfied there was enough evidence to back up the offence.

CCTV footage tendered in court showed Henson grabbing the taxi door and falling onto his back with his legs in the air.

He then ran away from the scene as the driver pursued him on foot. Henson then returned to the vehicle and drove off.

Henson previously denied he fell due to alcohol intoxication - claiming he was flung backwards to the ground when the door handle broke.

He also claimed in court that Mr Khan, who isn't accused of any wrongdoing, said he would 'add it to the bill' when he got home.

But he alleged that the driver then tried to 'extort him' by asking him to get the money out of an ATM.

The former Mirvac executive claimed Mr Khan was 'extremely aggressive' and when he did not give him the money, the group of four to five men set upon him.

CCTV footage allegedly shows Mirvac executive Brett Henson falling over on to his back after having an altercation with a Sydney taxi driver

'They were taking the side of the taxi driver trying to get money out of me, trying to get my phone or wallet. I said to leave me alone,' Henson previously said.

'When they were chasing me I said 'just call the police' and they responded with 'we are the police'.'

Mr Henson attempted to run away from the group but told the court they wouldn't leave him alone and surrounded him for 10 minutes.

'I was petrified, trying to get away from these guys,' Mr Henson told the court.

He told the court that he got 'belted' and landed on the ground with his shirt ripped open, resulting in bruises on his arms, hip and chest.

The court was told the men were saying 'let's f**king get him'.

'I needed to get away from there, there was no other way I can escape ... I can't call the police ... there's no other option,' Mr Henson told the court.

CCTV footage released by police allegedly shows Mr Henson stealing a taxi in Sydney's CBD in November, 2022

Mr Henson managed to get away from the group and jumped into the taxi.

He told the court that he was terrified of the group so he drove through multiple red lights before he finally stopped at an intersection in the eastern suburbs.

When asked by his lawyer what was going through his head, Mr Henson said: 'These guys are going to kill me.

'I would be a victim of a king hit and my family would be up here instead of me being here today explaining.'

However, Mr Khan gave evidence that Henson was 'aggressive and shouting' and had said 'Do you want to fight with me?'

Mr Henson was reportedly a senior capital transactions manager for property developing giant Mirvac at the time of the offence and owns a $3.3m house in Bronte.

The former prominent real estate figure was arrested in late 2022 after photos of the incident were circulated by NSW Police. He is now unemployed.

Henson will be sentenced on June 24.