Former councillor Benjamin Barrak pleads not guilty to intimidation charge over Lakemba shop incident

A magistrate has slammed a former Parramatta councillor as “exceptionally arrogant” after he gave evidence during a court hearing that was also “self-serving and demeaning” to others.

Ex Parramatta councillor Benjamin Barrak has been found not guilty of intimidating fellow Liberal Party member Mohammad Zaman at his Lakemba shop over a factional dispute but it was not before a magistrate savaged him as a “petulant schoolchild’’.

On the second and final day of the hearing at Bankstown Court on Tuesday, Mr Barrak was found not guilty and a 12-month apprehended violence order was imposed against him not to contact Mr Zaman.

Mr Zaman reported the April 22 incident at the Bangladesh Palace grocery shop a week after Mr Barrak, who is also a lawyer, called Mr Zaman a stupid c***, flipped his middle finger, hurled papers at him kicked down chairs after he reversed a political decision ahead of the Watson federal electoral conference on the same afternoon.

Mr Barrak’s lawyer, Pierre de Dassel, said his client had an outburst “after storming off in a huff and puff” but there was no credible threat of violence to Mr Zaman.

He told the court the CCTV footage did not support Mr Zaman’s evidence that the accused clenched his teeth and his fist.

“It’s a complete fabrication,’’ he said.

Magistrate Shane McAnulty was scathing towards Mr Barrak, who he labelled a “very excitable person”.

“He keeps shaking his head right now because he thinks I’ve got the wrong end of the pineapple,’’ he told the court.

Before finding him not guilty, he called Mr Barrak a “petulant schoolchild” who did not answer questions directly and took a “moral high ground” that made him “the victim at the end of the day”.

“The fact that he lost his temper, he had to admit that with gritted teeth,’’ Magistrate McAnulty said.

“He really has to be dragged, kicking and screaming to admit the bleeding obvious.

“It just smacks of arrogance … he’s exceptionally arrogant, he’s exceptionally petulant’’.

He told the court Mr Barrak was also self-serving and demeaning to other people.

Court told first time political ‘tiff’ led to intimidation charge

The hearing for ex-Parramatta Liberal councillor Benjamin Barrak, who allegedly intimidated a Lakemba shopkeeper over a political faction dispute, has started.

Mr Barrak, who is also a lawyer, was charged with stalk/intimidate intent fear physical harm after an incident at Mohammad Zaman’s Bangladesh Palace grocery shop at Lakemba on April 22, 2021.

He has pleaded not guilty to the alleged offence.

Mr Zaman served as a Canterbury-Bankstown councillor between 2017 and 2020 and was the Liberal Party Lakemba branch president.

He told Bankstown Court on Monday Mr Barrak forced him to sign a proxy form ahead of the Watson federal electoral conference annual general meeting being held later that afternoon.

Mr Zaman sought Mr Barrak’s legal assistance in early 2020 when he faced bankruptcy, which he officially declared in March that year.

On April 22 the following year, CCTV played to court allegedly shows Mr Barrak attending the Railway Pde shop and flipping his middle finger at the complainant after a dispute about party politics and voting in branches. Much of the footage was inaudible.

Mr Zaman said Mr Barrak wanted to do it “his way” to take over the branch and got angry when he would not sign proxy forms.

“But he was very angry,’’ Mr Zaman said.

“I told him to calm down. He told me ‘f*** you. You have to listen to me’.’’ He told the court Mr Barak then said “good luck with your house’’ in reference to his bankruptcy.

He told the court Mr Barrak made the rude gesture with his finger, saying “share a dick with you” or “something like that” before throwing papers at him.

“I was shaking, my whole body. I was scared but I still remained calm,’’ he said.

“(It was) very scary because we want to live a peaceful life in Australia, it can’t be like that.

“I feel scared because he’s a good man but when he’s angry I know how he reacts.’’

Mr Zaman said he feared for his wife and family.

Mohammad Zaman leaves Bankstown Court after the first day of the hearing.

Benjamin Barrak has pleaded not guilty to the intimidation charge.

Mr Zaman demonstrated a clenched fist and gritted teeth to show the court how Mr Barrak allegedly looked at him.

“I calmed down because I knew he’s going to punch me,’’ Mr Zaman said.

“I told my wife I’m so scared because when I’m going (back) into my house, I’m shaking, and my face is different.’’

Under cross-examination, Mr Barrak’s lawyer Pierre de Dassel suggested to Mr Zaman he had a motive to embellish facts because of the new faction he belonged to within the Liberal Party.

Mr Zaman told the court Mr Barrak, “as a solicitor, he cannot blackmail me”.

When called to the witness stand, Mr Barrak told the court he swore at Mr Zaman after he failed to meet him at a 9.30am appointment on April 22, and he did a deal “behind my back” ahead of the Watson Federal Electoral Commission AGM.

The former political allies and friends met through a mutual friend in early 2020 when Mr Barrak was enlisted to help Mr Zaman resolve bankruptcy problems “among other things”.

In December 2020, they had an “excellent relationship’’ and three days before the shop incident, Mr Zaman asked for Mr Barrak’s assistance to regain control of his Lakemba branch, which is the largest and “most powerful” of groups that would meet at the Watson meeting.

After saying there “were too many problems’’ in the Lakemba branch, Mr Barrak said they had the “first tiff’’ in their friendship about 1pm when Mr Zaman allegedly refused to sign the proxy forms when he brought them to the shop with his friend and Liberal Party state executive member Matthew Camenzuli.

“Despite the fact I have delivered exactly what he wanted as a Watson FEC, he told me he did a deal behind my back such that he wasted all of our time and basically all of our work,’’ Mr Barrak said.

But despite “fixing” a problem that would help Mr Zaman gain control of the branch, the court heard he changed his mind, which angered Mr Barrak.

Mr Barrak told the court Mr Zaman clenched his fist after an arch rival was discussed, saying “he’s my enemy’’.

Mr Barrak alleged Mr Zaman led him “up the garden path’’ when he reversed his decision.

“It got very heated,’’ Mr Barrak said.

“Colourful language was used. I was angry.’’

The court heard Mr Barrak, who has been a lawyer for more than 30 years, had no intention of causing harm to the complainant but “felt disappointed” over being “used”.

“You could certainly say I was angry when he said he did a deal behind our back and effectively lied to us,’’ Mr Barrak said.

He warned Mr Zaman a member lied to him in 2018 and he would do the same again at the Watson conference, leading Mr Barrak to say “you’re going to share this” when he flipped his middle finger.

“They’re going to share this with you, up your arse,’’ Mr Barrak said, saying it was “not good language’’.

He told the court he called Mr Zaman “you stupid c***’’

He allegedly stormed off, tipping over plastic chairs when he left the shop over the “level of deceit”.

“That was the first tiff I ever had with him,’’ Mr Barrak said.

Benjamin Barrak flips his middle finger at Mohammad Zaman in CCTV footage at the Bangladesh Palace grocery shop at Lakemba.

He returned to the shop after he thought the situation was salvageable, but Mr Barrak told the court Mr Zaman allegedly said “I’m going to f *** you by showing CCTV footage to the NSW Law Society, the media and Liberal Party.

Before Mr Barrak took to the stand, Magistrate Shane McAnulty said he held “enormous concerns” over Mr Camenzuli’s evidence when he said he had viewed the CCTV footage once before.

In giving evidence, Mr Camenzuli told the court Mr Zaman became “extremely animated’’ when a political rival was mentioned.

“I couldn’t believe it,’’ he said. “At this point I remember being bemused … all of a sudden he’s lost his temper at us.’’

Mr Camenzuli insisted Mr Zaman was animated and that Mr Barrak did not throw papers at him.

Prosecutor Yavin Kumar said Mr Barrak’s words were “ you’re going to share this, you’re going to share this up your arse’’, and good luck keeping your house you stupid f***ing c***’’.

Mr Kumar suggested to Mr Camenzuli that what unfolded was not as dramatic as his “portrayal in court”.

“I’m going to suggest you’re not being entirely truthful,’’ he said.

When Mr Camenzuli left the courtroom, Magistrate McAnulty expressed concerns about his credibility and because he had already viewed the CCTV this year.

“I have enormous concerns that there have been discussions with the parties about what I was shown today,’’ Magistrate McAnulty said.

“I have enormous concerns about the veracity of much, if not all, of his evidence.’’

Two shop employees also gave evidence, including one who told the court Mr Barrak asked for Mr Zaman when he arrived because “there is something urgent otherwise he’ll be in deep, deep s**t”.

“He was anxious and impassioned,’’ the “scared” witness told the court.

He allegedly saw Mr Barrak raise his middle finger and tell Mr Zaman “f *** off and good luck with your house’’ before returning and clenching his fist.

During proceedings, Magistrate McAnulty grew frustrated about the relevance of what led to the incident at the shop and said evidence should focus on the CCTV footage.

“I’m not turning this two-day hearing into a political witch hunt about who did what to whom,’’ he said.

“I do not have the time and I do not need to understand why these two gentlemen sought to sit down to try and manipulate an election and delegates because that’s (present) in the thrust of emails between the two of them.

“Why they came together is not relevant to the fact of issue.

“I don’t care if it’s a chicken suit riding down Parramatta Rd waving a placard. It’s CCTV.’’

The hearing continues.

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