Ex-TV star Andrew O'Keefe has failed to overturn his convictions for domestic violence after a judge declared his habit of "demeaning" behaviour towards a woman helped signal his guilt.
The former Seven Network host took aim at the "current state of law" when a court on Monday rejected his appeal bid, despite his claims the victim lied about being assaulted.
NSW District Court Judge John Pickering found the woman was most likely telling the truth about what happened, relying in part on a previous occasion in which O'Keefe admitted to spitting in her face.
“His tendency is to spit ... to have this low, demeaning act towards her," the judge told the court.
“The majority of males in our community do not act in this fashion."
Unrelated drug-possession convictions were quashed in the appeal after Judge Pickering found it could not be proven a quantity of the narcotic known as "meow meow" found in O'Keefe's apartment belonged to him.
Outside court, O'Keefe told reporters he was "obviously disappointed" but would not be pursuing another appeal over the domestic violence matters.
"In the current state of law ... it’s not surprising that I lost this appeal," he said.
"The prosecution is granted privilege, after privilege, after privilege in the way that they collect and present evidence.
"Whereas the defence is denied basic rights at every step of the process - and that’s what we saw."
The troubled former game- and talk-show host was convicted in January of three counts of domestic violence-related assault, twice contravening an AVO and two charges for possessing a prohibited drug.
He was ordered to serve 18 months on a community corrections order, which involves supervision and reporting requirements, and fined $800 for the drug offences.
During the assault in September 2021, O'Keefe was found to have pushed the woman into a doorway, punched her with the heel of the hand and forced her to the ground, before kicking her in the thigh and using his nails to scratch her chest.
He was also found to have made a threatening spitting gesture at her, which O'Keefe denied.
His barrister, Phillip Boulten SC, said the woman's claim she scratched her hand on a hinge after being pushed through the doorway was not supported by physical evidence.
Mr Boulten said if the woman was found not to have been truthful about the scratch marks on her arm the entirety of her evidence should not be accepted.
But Judge Pickering said he did not see any reason for the woman to lie about the assault, noting at the time she had indicated she did not want to make a complaint to police.
"It was clear in her communication with the police that she did not actually want the police to get involved in this," he said.
"I do not see what benefit there was to the complainant.
“I am satisfied the complainant was a truthful witness about this incident."
O'Keefe shook his head and appeared frustrated as the judgment was read in court.
He admitted the argument occurred but maintained he accidentally fell into the woman due to their proximity rather than pushing her.
After she fell, the woman said O'Keefe told her: ”Nice acting, I barely touched you."
Judge Pickering found it was open to the court in convicting O'Keefe to rely on an earlier incident, which happened in January 2021, to establish who was telling the truth.
The ex-Deal or No Deal host admitted what he described as the “demeaning” act of spitting at her on that occasion, but he claimed he was the one who was subject to aggressive acts by the woman.
“I would put his evidence to one side and on balance prefer her evidence," Judge Pickering said.
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