Disgraced ex-deputy mayor breaks down in release bid

Mehajer is preparing to appeal convictions for domestic violence and fraud, but says he is unable to mount a legal argument due to his custodial conditions.

Appearing self-represented via video link at a NSW Supreme Court bail hearing on Wednesday, Mehajer said he had recently been returned to solitary confinement for his own protection.

The former property developer and deputy mayor of Sydney's Auburn council became emotional as he attempted to explain why he should be released, claiming he was denied access to legal representation and a fair trial.

"I maintain my innocence in relation to those matters," Mehajer told the panel of three judges.

"I want to be given the opportunity to properly represent myself." 

The bail bid comes just one day after Mehajer was sentenced to serve a short jail stint after admitting to staging a car crash to avoid court and providing false details to manipulate traffic fines. 

It means that even if he is granted his release, he will not be eligible for release until after December 14, when the non-parole period for that sentence expires.

Mehajer said he did not have access to the resources required to present his appeal for the domestic violence offences while he was being held in solitary confinement.

"I was told I must go there for my notoriety," he said.

"I cannot speak to anybody, interact with anybody."

Crown prosecutor Philip Hogan disagreed with Mehajer's assertion his appeal had a strong likelihood of success, noting a jury had already accepted the victim's version of events.

"By virtue of the jury's verdict, the jury believed her about the five or so instances of assault - including a suffocation-type offence from which she lost consciousness," he said.

Mr Hogan said there was no evidence to support Mehajer's planned argument that images of bruises suffered by the woman were photoshopped.

Mehajer was sentenced in May to seven years and nine months in jail, with a non-parole period of three years and six months.

Having already spent several years in custody, Mehajer said by the time he filed an appeal he would have served all or most of the non-parole period.

Justice Stephen Rothman said there was precedence for accused who were self-represented and in solitary confinement to be granted special access to computers.

"It does seem frankly unjust that a person who is self-represented ... is because of the conditions of their confinement, associated with their protection, unable to prepare a case appropriately," he said.

Mr Hogan said Mehajer had a history of lodging applications and appeals, which had the effect of delaying his proceedings.

"The Crown's concern is that if he were granted bail, his history of those sorts of applications would leave the court with a real concern about the diligence with which he would prosecute the appeal," he said.

A decision will be delivered at a later date.

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