How Salim Mehajer allegedly breached AVO
Salim Mehajer gave "instructions" to his sister to ask ex-girlfriend Melissa "Missy" Tysoe to drop allegations of domestic abuse in a phone call from behind bars, a court has heard.
But the former Auburn deputy mayor says one of his sisters took it upon herself to text Ms Tysoe last month while her brother languished in jail because she "felt sorry" for him.
Mehajer denies police allegations he breached the provisional AVO taken out against him by his former partner after she reported claims she was assaulted and threatened by Mehajer, 34, to police.
NSW Police has confirmed it is investigating the accusations. No charges have been laid over Ms Tysoe's claims.
On December 23 a magistrate granted a provisional AVO preventing Mr Mehajer from contacting Ms Tysoe, 31, unless through a lawyer.
Police allege he breached that order just days later by using his sister to pass on a message to his ex.
He was already in custody when the AVO was granted, after his bail was revoked in November following a conviction for unrelated offences.
Mehajer appeared on screen from the Metropolitan Remand Centre at Parramatta Local Court on Thursday, his hair slicked back and intently scribbling notes.
The appearance was meant to comprise a bail application, but that was abandoned when Magistrate Sharon Holdsworth was told Mehajer had a separate release application listed in the District Court on January 18.
Sergeant Karlo Haralovic told the court the officer in charge of the investigation would testify Mr Mehajer's sister told him on December 29: "He asked me to ask her to drop the AVO and why she did this."
"It was not just an ordinary off-the-cuff phone call or text, it is in fact instructions … that he gave her to tell to (Ms Tysoe)," Mr Haralovic said.
"He's using a third party, in essence, to breach and has breached the AVO, we say."
Sergeant Haralovic said the police case would also rely on tapes of phone calls between Mr Mehajer and his sister made from jail, but conceded they have not yet been listened to.
Defence lawyer Ruth Chalmers, however, said Mr Mehajer had "no control" over the actions of his sister.
Ms Chalmers said the charges stemmed from "a person (acting) of their own accord to then interfere without realising, A, they're not supposed to and, B, they're making things worse".
The lawyer read out an excerpt of the police fact sheet, relating to a text allegedly sent by the sister, which stated: "I don't know man, he was saying all this stuff about loving you - I felt sorry for him."
"This feels like someone who's having a conversation, who feels sorry for her brother," Ms Chalmers said.
"The reality is the fact sheet in and of itself does not show … that he had any knowledge that a text message or conversation would take place with (Ms Tysoe)."
Mr Mehajer is charged with one count of contravening a specific order between 9pm on December 27 and 3pm on December 28.
Police attended Silverwater jail on December 30 to issue the property developer with a court notice for allegedly breaching the order.
In arguing against the bail application that was later abandoned on Thursday, Sergeant Haralovic said Mehajer knew well what an AVO entailed:
"He's certainly no stranger to the criminal justice system," he told the court.
"He has convictions for violence and certainly he also has convictions for breaching an AVO - two times."
Ms Holdsworth advised the application be stood over until after the District Court hearing this month, and flagged a date of January 22.
"I've got another matter on," Mehajer chimed in from on screen. "I'm a plaintiff in civil matters."
The magistrate said his legal team could notify the court registry in due course if it required a new date, after Mehajer said he could not be sure if he would be called to give evidence in the civil matter.
Under the AVO made at Burwood Local Court on December 23 he is not to stalk, harass, threaten or assault Ms Tysoe or anyone she has a relationship with.
The order also states Mehajer is not to have possession of a firearm while bound by the court ruling.
The matter will return to Parramatta Local Court on January 22.
Originally published as How Salim allegedly breached AVO