Alleged forgeries left Mehajer worse off, lawyer says

Two legal documents Salim Mehajer is alleged to have forged made him worse off, his lawyer says. (Bianca De Marchi/AAP PHOTOS)

Claims Salim Mehajer gained financially from two forged documents have been soundly rejected by the former deputy mayor who claims the alleged fraud would actually have left him worse off.

Mehajer is on trial accused of forging the signature of his former lawyer Zali Burrows in a March 2020 Federal Court affidavit so he could have his trustee in bankruptcy removed.

He also allegedly forged the signature of his sister Zenha Osman on a statutory declaration about two weeks later so he could have $6530 in cash seized by police at his Kirribilli home returned. 

He has pleaded not guilty to four fraud offences, alleging he made and used false documents to obtain a financial advantage.

In closing submissions on Thursday, defence barrister Ben Hart said jurors should reject claims Mehajer gained anything from the alleged fraud, saying the crown case, if true, would make him "the worst forger in the world".

As well as having to pay a $1500 fee to file the affidavit in the Federal Court, any change in the trustee would not have led to lower costs for Mehajer. 

In fact, a new trustee would have been tasked with the same responsibilities in overseeing the bankrupt estate while resulting in an increased bill for duplicated work, the NSW District Court heard.

"How does Mr Mehajer obtain a financial benefit in that scenario? How could he possibly?” Mr Hart asked.

"He's not even in exactly the same position. He’s in a worse position himself. $1500 worse."

Despite allegedly forging his sister's signature, Mehajer sent the fraudulent document to Ms Osman's email as well as to the trustee, Mr Hart said.

"He must be the worst forger in the world because with the stat dec, he cc’s her in on the document. Now does that make any sense to you? It doesn't to me."

Mehajer claimed Ms Burrows signed the affidavit with Mr Hart suggesting she had just forgotten doing so three years ago.

"Is it possible she’d simply forgotten she’d signed a routine document, something she undoubtedly signed dozens if not hundreds of times before?” the barrister asked.

Mehajer acknowledged his sister's signature was a forgery but claimed he wasn't responsible and that he forwarded it onto the trustee believing it was genuine.

Mehajer was a former deputy mayor of the since-merged Auburn council in Sydney’s west, rising to infamy when his lavish 2015 wedding celebrations shut down a street.

Before sending the jury off to deliberate, Judge James Bennett said jurors should forget about any notoriety they felt towards Mehajer, saying this was irrelevant.

They have now retired to considering their verdicts.

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