Small win for Salim Mehajer as ban order set aside

Auburn politician Salim Mehajer has convinced a NSW judge to overturn his temporary ban from civic office.

Salim Mehajer had appealed against an NCAT decision to strip him of his position on the council after finding he had breached local government pecuniary interest laws on three separate occasions in 2012 and 2013.

Embattled Auburn politician Salim Mehajer has convinced a NSW judge to overturn his temporary ban from civic office.

But the decision in the Supreme Court on Friday to overturn an earlier suspension order from the NSW Civil and Administrative Tribunal (NCAT) will come as a hollow victory for the flashy deputy mayor, as he is also subject to a more recent suspension order by the state government for the entire council.

Mr Mehajer had appealed against an NCAT decision to strip him of his position on the council after finding he had breached local government pecuniary interest laws on three separate occasions in 2012 and 2013.

The tribunal declined to disqualify Mr Mehajer from civic office altogether because he “did not intentionally commit the breaches”, but instead ordered he be suspended for four months.

Justice Peter Garling on Friday ordered that that decision be set aside.

Mr Mehajer was not in court to hear the outcome.

The judge’s decision will not send Mr Mehajer back to council chambers, however, because of a separate move announced by NSW Local Government Minister Paul Toole earlier this month to suspend all Auburn councillors.

That suspension will continue pending the completion of a public inquiry into allegations that councillors had been making decisions on planning and development matters which would benefit them.

In a statement, a spokesman for Mr Toole said the Supreme Court’s judgment would not affect the minister’s decision to suspend Auburn Council and appoint an administrator.

“The minister determined that it was in the public interest for all the councillors to be removed so no further binding decisions were made during the course of the inquiry,” the spokesman said. “The administrator, Viv May, is working to restore public confidence in Auburn Council and ensure it acts in the best interest of ratepayers.”

AAP