Former Casey mayor Sam Aziz claims his return from Egypt to Australia was thwarted because he was experiencing heart palpitations, shortness of breath and was sweating so profusely that airline staff stopped him from boarding a flight over concerns he might suffer a heart attack.
Councillor Aziz, who has been sacked along with the entire City of Casey Council by the Andrews government, made the dramatic claim in an affidavit filed as part of a legal bid to prevent his assets being seized as the proceeds of crime.
The affidavit was sworn by Mr Aziz’s solicitor, Jeremy Peck, of Moray & Agnew Lawyers. It says the 47-year-old is too ill with a chronic heart condition, diabetes and mental health concerns to appear in person at a hearing in the County Court scheduled for next week.
The Independent Broad-based Anti-corruption Commission (IBAC) obtained a restraining order over Mr Aziz’s Berwick home and loan account as part of Operation Sandon, an investigation into potentially corrupt conduct involving members of the Casey council and developer and planning guru John Woodman.
As part of its application for a restraining order, IBAC alleges Mr Aziz is suspected of committing offences including misconduct in public office, bribery and dealing with the proceeds of crime, according to documents supporting the freezing order. The former mayor's Berwick property has been sold but the proceeds are currently being held by the Asset Confiscation Operations Department.
In the affidavit, Mr Aziz has denied the allegations and is asking the County Court for an extension of time so he can contest the order remotely from Egypt, which he says is “in the interests of justice”.
Mr Aziz said he left Australia in early October. His departure came after search warrants had been executed on his properties, he had appeared at private examination at IBAC, and the restraining order had been issued. He said he left to take up a job as a lecturer at the Bloom Business School in Cairo.
Mr Aziz said that in the days before he intended to return to contest the restraining order in late November, he began to feel “extremely unwell”.
“The day of his return flight, Aziz was suffering from symptoms including heart palpitations, shortness of breath and was visibly perspiring. Upon presenting himself to check-in staff on the day of his flight, Aziz declared the large amount of medication he was travelling with including supporting letters from his medical specialists,” Mr Peck wrote.
“Check-in staff questioned Aziz about his obvious physical distress and large amount of medication and Aziz was eventually refused boarding due to high risk of heart failure.”
Mr Aziz said he had already suffered a previous incident of “heart failure” in July 2019, with the diagnosis of his condition supported by medical reports that have been tendered to the court.
“I am informed by Aziz that he continues to be concerned about his ability to fly due to his ongoing health issues and so remains unable to return to the jurisdiction for the purpose of defending this proceeding,” Mr Peck wrote.
Mr Aziz's teaching contract at the Bloom Business School runs until July 2020.
Mr Aziz also claims that money he received from Mr Woodman was for a “legitimate purpose” as a consultant on a development project.