Salim Mehajer banned for four months for failing to disclose development interests
CONTROVERSIAL Deputy Mayor Salim Mehajer will appeal a ban for failing to disclose his financial interest - a penalty that could end his career.
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AUBURN Deputy Mayor Salim Mehajer has been banned from office for four months - likely spelling the end of his career in politics.
The flamboyant millionaire property developer was banned from civic duty for failing to disclose his financial interest in developments he voted on during Auburn Council meetings.
“The only persons affected by this suspension is the community” Mr Mehajer said today.
“An appeal and stay will be underway for the sake of my constituents”.
Mr Mehajer was hauled before the Civil and Administrative Tribunal to answer the charges in November and the tribunal handed down its judgement on Friday, banning the Deputy Mayor for four months.
With Auburn Council likely to be suspended and effectively sacked next week ahead of a public inquiry into its affairs, Friday’s judgement is likely to spell the end of Mr Mehajer’s political career. Auburn Council is being merged with neighbouring Holroyd Council and the new authority will be elected next year.
The Office of Local Government took Mr Mehajer to the Civil and Administrative Tribunal over his presence at three council meetings in November 2012, December 2013, where the rezoning of properties in Auburn’s Mary Street was being debated and voted upon.
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The rezoning led to an increase in the permitted heights and densities of Mary Street properties and Mr Mehajer did not disclose to Auburn Council that his company Mehajer Bros Pty Ltd owned 3 Mary Street, which was directly affected by the changes.
A valuer subsequently ruled that the rezoning changes increased the value of 3 Mary Street by $1 million.
In handing down his ruling, tribunal principal member David Patten said Mr Mehajer did not “intentionally commit breaches of the Act” but therefore he should not be disqualified from office.
But he added: “There should, however in my view, be a significant sanction to make clear to Mr Mehajer and other persons who offer themselves for, or are elected to, public office in Local Government, that they have statutory obligations which include obligations to act honestly and transparently in the performance of their responsibilities”.
“These obligations are not to be undertaken casually or lightly. Ignorance is no excuse and each Councillor, upon election is required to acquaint herself or himself with the obligations, comply with them punctiliously and if necessary take advice upon them.
“In the circumstances I believe that something more than counselling or a reprimand is required in this case.”
Mr Patten found Mr Mehajer guilty of breaching section 451 of the Local Governent Act, which relates to disclosures of pecuniary interests.
In evidence to the tribunal, Mr Mehajer admitted not disclosing his interest in 3 Mary Street – but argued that he didn’t realise he had to because he did not intend to develop the property.
“I mistakenly thought that for the purposes of my disclosure obligations there was only considered to be a risk of receiving a financial benefit from the matter being discussed at the meetings if I was in fact planning to redevelop in a way which would generate that benefit directly,” Mr Mehajer said.
However, Mr Patten said the Deputy Mayor’s excuse “stretches credulity” and said the breach was “extremely serious”.
Mr Patten added: “I treat these breaches as no more than another demonstration of the hubris which Mr Mehajer exhibited when entering upon his role as a councillor.”
Originally published as Salim Mehajer banned for four months for failing to disclose development interests