‘Sensitive’ Mehajer to stay behind bars
Property developer Salim Mehajer has lost a bid to apply for bail a second time on fraud and conspiracy charges.
Property developer Salim Mehajer has lost a bid to apply for bail a second time on fraud and conspiracy charges.
Mr Mehajer argued in court today that reports published by The Australian and The Daily Telegraph in Sydney meant he had been subjected to “extra-curial punishment” and may be targeted by the “prison hierarchy”.
Dressed in prison greens, the former Auburn deputy mayor appeared in Burwood Local Court via audiovideo link from Silverwater jail.
He was arrested on January 23 and charged with perverting the course of justice and conspiring with others to cheat and defraud following a car crash in October that was allegedly staged to avoid a court appearance.
Despite having bail refused at the time, his barrister Anthony Bellanto QC argued today that the circumstances had “materially changed” for his client, who is a “sensitive” man who has never been in prison before.
Mr Bellanto said Mr Mehajer’s sister would provide $100,000 surety, and said an exclusive interview with cellmate Alex Arnold in a Sydney holding cell published earlier this week in The Australian would endanger his time in jail.
“The problem for Mr Mehajer is that, through no fault of his own, he was housed in a cell with an alleged jewel thief who went public, I would infer, for money — although I wouldn’t have evidence of that,” Mr Bellanto said.
“That, as one would know, in the jail milieu and the general way of life that prisoners are forced to lead, can have devastating impact in the prison hierarchy. As the gentleman said, the applicant is a somewhat sensitive person ... All of that is totally beyond his control. It’s a form of extra-curial punishment.”
Prosecutor Lisa Robinson disagreed, arguing a decision by magistrate Jennifer Giles last week took into account all relevant information. She told magistrate Mark Richardson that Mr Mehajer was unhappy and “looking at a second bite at the cherry”.
“I cannot see how the publishing of those articles in relation to Mr Mehajer, who has placed himself in the public eye by his own actions, could possibly be said to be a change in circumstances,” she said.
“In my submission, none of the material that has been put before this court today is materially different to what was put before.
“What is smacks of is a man who is unhappy with a decision made, a man who is struggling with a significant fall from which he is accustomed to, a man who is looking for a second bite at the cherry.”
Ms Robinson said she had a letter from a senior Corrective Services officer who said Mr Mehajer was being “protected” from some other inmates in Silverwater prison, and was in no danger.
Mr Bellanto also argued Mr Mehajer has seven other ongoing civil and criminal court cases that would benefit from his being released.
Mr Richardson said the material “falls short” of what would be required to lodge another application for bail. “I’m against the application,” he said.
The 31-year-old was arrested last month along with five other people following an extensive police investigation into the crash, which police allege was staged to avoid court and commit insurance fraud.
Mr Mehajer was driving a Mercedes along Delhi Street at Lidcombe in Sydney’s west when it was involved in a collision with a Mitsubishi Outlander about 8.45am on October 16.
He was trapped in his vehicle and was later taken to Westmead Hospital for treatment.
The crash prevented Mr Mehajer from attending the first day of a trial at Sydney’s Downing Centre Local Court over allegations he assaulted a taxi driver.
Detectives from Flemington Local Area Command established Strike Force Reppan to investigate the crash.
Detective Superintendent Philip Rogerson, Flemington’s local area commander, told media at the time that the alleged staging of a car crash showed “extensive lengths” to avoid facing court.
“I can say that the pervert the course of justice was in relation to the court matter on that particular day, and the cheat and defraud is in relation to the insurance culminating out of the car accident,” he said.
If found guilty, the charges carried “lengthy terms of imprisonment”, Superintendent Rogerson said.
Mr Mehajer was elected to Auburn Council in 2012 and later became deputy mayor, before he shot to fame with his elaborate wedding in 2015.