Andrew O’Keefe is hoping to overturn domestic violence and drug possession convictions as the former TV star’s lawyer argues a magistrate failed to give proper weight to “conflicting versions” of events.
The troubled former Seven Network presenter was found guilty of three counts of domestic violence-related assault, twice contravening a restraining order against him and two counts of possession of a prohibited drug.
O’Keefe was ordered to serve 18 months in community confinement, which involves supervision and reporting requirements, and was fined $800 for the drug offenses.
The 52-year-old faces unrelated charges of contravening an apprehended violence order and stalking or intimidating a man, for which he was granted bail on Monday.
His lawyer, Phillip Boulten SC, told a District Court hearing on Wednesday that Magistrate Alison Viney made a series of legal errors in finding O’Keefe guilty of domestic violence assault earlier this year.
O’Keefe maintains the woman in those cases was acting aggressively towards him and it was not simply a case of him “assaulting” her, the court was told.
This included, according to O’Keefe’s account, the woman pointing a laptop at him.
“That leaves Your Honour with a record of two significantly competing versions,” Boulten told the court.
Andrew O’Keefe hopes to overturn domestic violence and drug possession convictions
“He is making accusations against her, she is making accusations against him.”
O’Keefe claims to have seen the woman inflict scratches on her own hand during an argument in September 2021 for which police were called to a residence in Sydney’s eastern suburbs.
Mr Boulten said the woman’s claim that she had scratched her hand on a hinge after O’Keefe pushed her towards the door was not supported by physical evidence.
If the court finds the woman lied about how the injury occurred, it should have a “domino effect” on the credibility of her other evidence, Boulten argued.
“If she deliberately scratched her hand when she was upset, devastated, angry or even extremely hostile towards the appellant, he would have known she did so,” he said.
“If he didn’t, it’s a very, very evil lie.”
Judge John Pickering, who is overseeing the appeal, noted that the woman initially told a triple-zero operator that she did not want to press charges against O’Keefe.
“In fact, if you put it in context, she is not someone who that night was willing to prosecute him at all,” the judge said.
The troubled former Seven Network presenter (pictured with Deal or No Deal) was found guilty of three counts of domestic violence-related assault, twice contravening a restraining order against him and two counts of possession of a prohibited drug.
A Crown prosecutor said O’Keefe’s defence team had “stayed silent” about other injuries the woman allegedly suffered that night, including scratches to her chest and a bruise on her thigh.
“Your Honor will find that his testimony is truthful, reliable and accurate,” he said.
‘It would be concluded that the crimes were proven and should be confirmed on appeal.’
Mr Boulten argued that an incident in which O’Keefe admitted spitting in the woman’s face should not be used as bias evidence to support a guilty plea to an assault on another occasion.
Judge Pickering questioned why it would not be possible for the judge to use O’Keefe’s admission to establish that he has a “tendency to spit in a woman’s face when he becomes angry or frustrated”.
“Most men in our society… do not spit in their partner’s face,” the judge said.
O’Keefe also hopes to overturn a drug conviction, maintaining that a bag of the synthetic stimulant drug mephedrone, also known as meow meow, did not belong to him.
The case has been set for sentencing on September 9.
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