Judge Salim Mehajer abandoned the appeal for jail for the 2012 Auburn parliamentary election.
- Salim Mehajer was convicted of 77 election frauds related to the 2012 Auburn Council election.
- He appealed to the High Court because he wanted a lighter parole.
- The judge said the original brother was "moderate"
Former Mayor Auburn was sentenced to 21 months' imprisonment for an 11-month non-parole period after being convicted last year for using falsified documents and providing misleading information to the Australian Electoral Commission (AEC).
Mehajer (32) and some of his family sent false applications to the AEC at his hearing for an hour in July 2012.
Election officials were suspicious of a large number of forms, and later confirmed that the form contained false addresses and had over 50 counterfeit goods.
The estate developer was elected to be the deputy mayor of Auburn in September 2012 and was charged in violation of the electoral fraud law in 2015.
Today he sentenced his brother to the NSW District Court. Not for conviction or maximum term, but to reduce parole period.
Mehajer's lawyer, Avni Djemal, said his client had to get out of prison first for urgent treatment for bipolar disorder.
He has an appointment with a psychiatrist to deal with problems not covered internally.
"This appeal is to reduce the parole period so that treatment can be carried out.
"The condition [bi-polar disorder] It can hurt the feeling in 2012. "
& # 39; There is neither here nor there & # 39;
Prosecutors say Mehajer was watched by mental health nurses and psychologists at the Cooma Correctional Center, and there was no evidence that he had a serious psychiatric problem.
Judge Helen Syme agreed that she had read more than 1,000 pages of evidence in court.
"It is neither here nor there that Mehajer does not receive what he thinks is appropriate," Judge Shight said.
"He was treated appropriately in my view, and I do not have any criticism of Meheer for municipal service supervision or support, it is not supported by evidence."
She also said that the original sentence was sympathetic to Mehajer's mental health complaint and "reasonable" length compared to what could be imposed by the district court.
She told Mehajer's lawyer that if she had to continue the hearing, she would consider the application from the crown for a higher brother.
At that time Djemal abandoned the appeal and said the court was adjourned.
Mehajer is eligible for parole in May 2019.
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