Anita, Faisal Zarshoy successfully appeal sentences for attacking TV reporter Robert Ovadia
A judge scoffed at a barrister’s suggestion that it was unfair for siblings to receive a ‘severe’ sentence for attacking a TV reporter because he worked for a network owned by a millionaire.
Parramatta
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Siblings Anita and Faisal Zarshoy, who assaulted Channel 7 reporter Robert Ovadia outside a Parramatta court, have successfully appealed the “severity’’ of their sentences following the ugly melee.
Anita, 30, and Faisal, 26, pleaded guilty to assaulting Mr Ovadia outside Parramatta Local Court on July 7 when they supported their brother Mohammad, who was charged with murdering Robert Atkinson, who he allegedly shot at Wentworthville on June 29.
The confrontation between the siblings descended into a violent fracas against the veteran reporter and two cameramen.
“You f***ing dog,” Faisal Zarshoy said. “Get the f*** out of here you f***ing mutt.”
Later, after pushing the camera again, he said: “Go f*** your mum, how’s that? Go f*** your mum.”
The siblings were arrested at their home in The Ponds on July 16. Anita was charged with common assault, while Faisal Zarshoy pleaded guilty to affray.
Anita was fined $600 and handed an 18-month good behaviour bond with supervision after Magistrate Kate Thompson said her involvement was “violent” but fleeting.
Faisal was given a 14-month intensive corrections order and 200 hours of community service.
On Wednesday, during an appeal hearing at Parramatta District Court Anita and Faisal’s barrister Ronald Driels said the penalties were disproportionate to the offence — particularly Faisal’s 200 hours of community service.
“It was a very minor matter that occurred over a very short period of time without any real injury to people …’’ Mr Driels said, adding that the victim wanted to “make money out of the night’s news telecast”.
“That’s the heart of it.’’
He told the court how Mr Ovadia thanked the Zarshoys after the attack because it gave the media a story to cover, and he was a reporter who worked for a network owned by a millionaire, alluding to Kerry Stokes.
When Justice Norman Delaney asked why that was relevant, Mr Driels said it highlighted the “disparity” but he was quickly shut down.
“Really? Really?,’’ Justice Delaney said.
“That’s just nonsense.’’
The court heard Faisal had a long criminal history and admitted his guilt to attacking Mr Ovadia.
“He did mouth off, he did lift his middle finger,’’ Mr Driels said.
“He did push one reporter who pushed him back.’’
He said he was now “seriously trying to maintain a law-abiding life”.
Mr Driels told the court Anita was married and only had a driving offence from 11 years ago.
“She came along to support her brother. As she goes out she has a camera pointing at her crotch and pointing low.’’
The Crown prosecution argued that the actions were violent and Faisal should be in full time custody.
But Justice Delaney downgraded the sentences.
Faisal’s intensive corrections order and community service were quashed and he was instead convicted and placed on a six-month community corrections order (good behaviour bond).
His older sister’s community corrections order was replaced with a conditional release order and her fine was quashed.
Justice Delaney told the court it was “risky business’’ for the Zarshoys to attend “when it was obvious there was going to be some publicity’’, which prompted the attack.
“In the course of doing so circumstances got out of hand to some degree but this was affray at the very lowest end of affrays in this case,’’ he said.
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