Mehajer v Director of Public Prosecutions

The applicant, Mehajer, sought bail pending an appeal against his conviction and sentence, as well as pending a trial in the District Court. The applicant was convicted of perjury and perverting the course of justice in a judge-alone trial. The legal issues before the court were whether the applicant had demonstrated special or exceptional circumstances to warrant bail pending appeal and pending trial in the District Court. The court was also required to consider the show cause requirement applicable for charges at the pending trial and whether the applicant had discharged the burden of showing cause for bail.

The court found that the applicant had not demonstrated special or exceptional circumstances to warrant bail pending appeal. The applicant's history of non-compliance with bail conditions and significant bail concerns, including the risk of reoffending and witness intimidation, were also considered. The court held that the burden of showing cause for bail had not been discharged. The show cause requirement applicable for charges at the pending trial was also considered, and the court found that the applicant had not demonstrated special or exceptional circumstances to warrant bail for those charges. As a result, the application for bail was refused.

The court made orders that the applicant's application for bail pending appeal and for pending trial in the District Court be refused. The court also made orders that the applicant be kept in custody until the appeal against conviction and sentence is determined or the trial in the District Court commences.