SA driving instructor Jawad Joe Dimachki gave licences to people without making them sit tests in exchange for bribes
AN Adelaide driving instructor issued licences to young people without making them sit tests — and in one case without even meeting them personally — in exchange for cash bribes, a court has heard.
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AN Adelaide driving instructor issued licences to young people without making them sit tests — and in one case without ever meeting them — in exchange for cash bribes, a court has heard.
On Friday, the District Court heard Jawad Joe Dimachki had placed the safety of those people, and thousands of other road users, at risk by his corrupt conduct.
Prosecutors asked he be jailed, and that hefty sentences be handed down to two clients of his unlawful business practices.
Abdul Kajani, the court heard, was “too anxious” to sit his driver’s test so his friend, Ethan Quadros, went in his place — and paid Dimachki to hand over the unearned qualification.
Leah O’Donnell, prosecuting, said Quadros then handed the certification to Kajani, who went to his nearest Service SA centre and walked out with a licence.
“For Kajani, it was easier to pay for his licence rather than to sit for it legitimately, which shows his arrogance and his disregard for the law,” she said.
“He could have sat the logbook method, but there’s a high cost associated with that … Kajani got his licence quicker and easier by engaging bribery.
“This is a serious, arrogant and blatant example of offending.”
Dimachki, 36, of Daw Park, was arrested in September last year by SA Police’s anti-corruption branch detectives.
He was initially charged with 14 counts of being a public officer who improperly exercised his power and 37 aggravated counts of dishonestly dealing with documents.
A further 36 aggravated counts of deceiving another to benefit himself, and 22 counts of receiving or accepting a bribe in exchange for making an omission, were later added.
In December last year, Dimachki’s counsel had his matter called on early so he could enter guilty pleas to 10 of the charges and secure a 40 per cent sentencing discount.
He admitted abusing public office five times in June, July and August this year at Hazelwood Park and Broadview.
He also admitted accepting benefits on five occasions, in September this year, at North Adelaide, Firle and Kensington Gardens.
Kajani, 22, of Kilburn and Quadros, 24, of Adelaide, pleaded guilty to one count each of bribing a public officer and dishonestly dealing with documents.
In documents filed with the court, prosecutors alleged Quadros paid Dimachki $450 to secure a P-plate licence for Kajani on September 2, 2017.
It says that, at first, Dimachki believed Quadros was Kajani – who only held a learner’s permit – and commented on him being “ballsy” by driving alone to their meeting.
Quadros then entered Dimachki’s vehicle saying “this is not for me, it’s for my mate”, prompting Dimachki to ask “who is going to sign it?”.
Quadros indicated he would, Dimachki then co-signed it and accepted the $450.
The duo also discussed the government’s monitoring of driving examiners and auditing tests, with Dimachki remarking that “98 per cent” of his work was legitimate.
On Thursday, Ms O’Donnell said Kajani and Quadros were the last of Dimachki’s numerous clients to be dealt with by the courts.
Others, she said, ranged from juveniles to young adults and had received penalties spanning family conferences to fines and bonds.
Ms O’Donnell said Dimachki’s actions went beyond corruption, carrying the potential to contribute to the state’s road toll.
“Young people aged 16 through 24 make up 16 per cent of fatalities and 23 per cent of serious injuries on the roads,” she said.
“Sixteen young people are killed, on average, each year while 163 are seriously injured.
“P-platers have a far greater risk of being killed, and 88 per cent of young people involved in driving fatalities were responsible for the fatal crash.”
Michael Woods, for Dimachki, asked his client’s sentencing submissions be postponed.
“I cannot raise, in open court, the reasons why … we’ve been in significant negotiations with the prosecution about fundamental issues that have arisen,” he said.
“We’re hopeful a resolution can be reached that will allow this matter to continue.”
Michelle Barnes, for Kajani, said her client had allowed his “fear of failure” — created by depression, anxiety and post-traumatic stress — to prompt a “foolish” decision.
She noted he had since passed his driver’s test, legitimately, and asked he be spared a conviction so as to avoid the risk of being deported to Pakistan.
Eugene McGee, for Quadros, said his client had only wanted to ease his friend’s troubles, and had been “astonished” to learn his actions amounted to corruption.
Ms O’Donnell, however, disputed that submission.
“Quadros himself was certified (for a licence) by Dimachki some years prior,” she said.
Judge Michael Boylan remanded all three men on continuing bail.
He will sentence Quadros and Kajani next week, and hear submissions regarding Dimachki next month.