Disgraced former councillor Salim Mehajer loses bid to appeal DV conviction

Disgraced former politician Salim Mehajer lost his desperate bid to have his domestic violence convictions quashed on appeal; The state’s highest court rejected his claim that he was unfit to represent himself.

Mehajer, 39, asked the Court of Criminal Appeals to overturn his conviction and sentence for domestic violence offences, arguing that he should be given a new trial.

But on Wednesday, a three-judge panel ruled against him, rejecting his appeal in a blow to the former Auburn deputy mayor.

Before the decision was announced, Mehajer claimed on social media that he would appeal to the Supreme Court.

He had claimed he was unfit to represent himself at the District Court hearing in April and May 2023 and that the hearing was “flawed” and unfair.

Mehajer was found guilty in back-to-back trials of unrelated fraud and domestic violence matters and was subsequently sentenced by District Court Judge James Bennett to seven years and nine months in prison, with a non-parole period of three years and six months.

He was released on parole in July last year, but he still sought to have the conviction and sentence overturned.

During the domestic violence trial, the jury found Mehajer guilty of six charges: multiple counts of assault, one count of intimidation and one count of strangulation.

He was found guilty of attacking his female victim by punching her in the head during an argument in her car, shaking her hand and crushing her phone, and putting his hand over her nose and mouth and strangling her until she passed out.

In her statement, the woman said, “He kept pressing his hand on my mouth and nose to prevent me from screaming and breathing, and he said that he could easily kill me and continue beating me until I woke up.”

He was also found guilty of threatening to kill the woman’s mother.

Mehajer argued that the hearing should not continue because he was representing himself.

According to information the court had previously heard, Mehajer appeared in prison clothes on the day the trial was to begin.

Mehajer was in custody for other reasons at the time and was expected to file a lawsuit in court.

However, he appeared in the shirt and trousers given by the prison and told the court president that he would go on a hunger strike.

“I dressed this way because I believe that I want to continue the hunger strike until a Commission of Inquiry investigates my matter,” he told the judge at the time.

He was arraigned in the District Court in September 2021 when he pleaded not guilty and was expected to stand trial in mid-2022.

However, after the application for Legal Aid was rejected in May 2022, the hearing was canceled and the case was postponed to March 2023.

Judge Bennett then rejected Mehajer’s application for an interim stay of proceedings on the grounds that he was unfit to represent himself.

The Court of Criminal Appeal also rejected his appeal against Judge Bennett’s decision.

When the appeal was rejected, it was decided that the trial should continue and Mehajer argued that he should be retried because he was unfit to represent himself.

He told the court at the hearing in November last year that he was in a “dark place” while conducting his own trial.

He argued that he exhibited signs of anxiety, was “depressed in court” and “lacked the ability to understand what was in his own best interests.”

During his appeal, he also raised the allegation that photographs of the complainant, which he said were evidence of injuries inflicted by him, had been photoshopped or doctored.

However, Crown Prince Tarık Abdulhak said that experts were able to find the images in the complainant’s iCloud account.

Abdulhak said, “Experts stated that these images were not only real photographs, but also taken with the complainant’s mobile phone. They did not find any manipulation or other evidence.”

Under questioning by Judge Fagan, Mehajer admitted during the hearing that he had not raised the allegation that photographs of bruises had been doctored during cross-examination of the victim.

Judges Julie Ward and Desmond Fagan and Acting Judge Derek Price dismissed his appeal on Wednesday.

Mehajer said on social media on Monday: “I’ll call it nice and early. With respect, the High Court of Australia has the final say.”

More to come.