Salim Mehajer's phone claim in fight against domestic violence charges after jail release
The former Auburn mayor was found guilty of fraud and domestic violence matters after punching his ex-partner in the head during an argument in his car, squeezing her hand and crushing her phone that she was holding, suffocating her by putting his hand over her nose and mouth until she passed out, and threatening to kill her mother.
A jury found him guilty of six charges, including assault, intimidation and suffocating, and he was later found guilty of creating false documents by forging the signatures of his solicitor, Zali Burrows, and his sister during a separate trial.
Mehajer was sentenced to a maximum of seven years and nine months in jail for the domestic violence and fraud offences, and was released from prison last Friday upon the expiry of his non-parole period for the offences.
He's since lodged an appeal to fight the domestic violence charges.
Mehajer beamed into the NSW Court of Criminal Appeal via video link on Thursday morning where he attempted to push back his hearing in August by three weeks, arguing he needed to go to an Apple Store to recover photos from his phone.
He claimed the woman had his ID, and he needed time to get new identification to allow him to go to an Apple Store and recover photos from his iCloud to use as evidence to support his affidavit.
He alleged the complainant had edited photos tendered during the trial which depicted bruising from an assault.
Sporting a navy blue suit, white shirt and slicked-back hair, he claimed his phone had been 'remotely deleted', and he hoped attending an Apple Store would help him with supporting evidence.
He sought a delay of up to three weeks, however the Crown opposed, arguing the hearing date had already been changed to accommodate Mehajer's release from custody and that the issue had already been raised at trial.
'It's not a fresh issue,' the Crown prosecutor told the court.
'The Crown's position is very firmly this: it is too late to be raising it at this stage, this is entirely speculative … the appeal can proceed.'
If a delay was granted, the hearing would likely need to be moved to November due to the availability of the crown, to which Mehajer told registrar Peter Clayton he wasn't seeking such a lengthy delay.
Mr Clayton said if Mehajer hadn't dropped his bid for a later hearing date he would have rejected it, noting three weeks to obtain new ID was 'optimistic, in any event'.
He confirmed the hearing will remain on August 4, with Mehajer telling the court he intends to appear in person.
Mehajer was last week spotted visiting Paramatta Westfield, Service NSW for a new drivers' license, and a cosmetic dentist in Hornsby following his release from John Morony Correction Centre at Berkshire Park last week, according to the Daily Mail.
He'd been in prison for just short of five years, as he'd also been serving back-to-back sentences for multiple offences.
As per a long list of parole conditions, Mehajer will need to participate in any domestic violence programs where directed, receive ongoing treatment from a private psychologist, and also undergo drug and alcohol testing.
Mehajer's lawyer Zawat Zreika last week said the former Auburn Mayor's focus is on his family.
'Mr Mehajer has now been released from custody,' she said.
'This is a long awaited and deeply personal moment for him and his family.
'He asks that their privacy be respected during this time.'
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