Claims by a former deputy mayor convicted of domestic violence and fraud that new evidence could prove his innocence have been rejected as ‘speculative’ ahead of an appeal.
Salim Mehajer on separate occasions repeatedly punched a woman, shattered her phone by grabbing her hand, and put his hand over her mouth so she passed out.
He also committed fraud by trying to use false documents to regain $6,530 seized by police from his home.
The 38-year-old is serving a sentence of seven years and nine months for both sets of offences and is in custody in John Morony prison in Sydney’s west.
The former property developer and deputy mayor of Sydney’s Auburn council has appealed his convictions for both sets of offences and in October applied for bail in the NSW Court of Criminal Appeal.
Three judges of this court unanimously rejected Mehajer’s bid on Friday saying that while the former deputy mayor made assertions of his innocence, these claims were lacking in detail.
Justice Dina Yehia wrote the 38-year-old appeared to say he had evidence to ‘almost definitely establish’ he had an alibi that proved at least some of the domestic violence offences did not happen.
‘However, a mere assertion to that effect, without specifying the nature of the evidence, is highly speculative,’ she wrote, supported by the other two judges on the panel.
Mehajer claimed he needed to be free on bail because he was being kept in ‘segregation’ while in prison and could not adequately prepare for the appeal.
However, the court found he had sufficient resources and facilities at his disposal in prison, including access to a private computer room.
‘A telling indication of (Mehajer’s) capacity to prepare his legal proceedings is demonstrated in the current (bail) application,’ Justice Yehia wrote.
‘(He) filed comprehensive written submissions which were supplemented by oral submissions during the hearing.’
The property developer also argued that by the time his appeal was heard, he would have already served a significant portion of his sentence behind bars.
While his non-parole period expired on July 18, 2025, this in itself did not mean the former deputy mayor should be granted bail, the appeal court said.
There was also a ‘glaring absence of evidence’ about Mehajer’s claims he needed to be released to prevent his family home being sold by a mortgagee in possession, the judges ruled.
On top of the domestic violence and fraud offences, Mehajer is also serving 24 months for staging a car crash and providing false details to manipulate traffic fines.
His 18-month non-parole period for those charges will expire on December 14.
However, he will not be released then given the appeal of his other, more serious convictions has not been heard.