Ahmed Elomar - a hit to a brawler's defence
Vanda Carson
The Daily Telegraph
April 04, 2013 12:00AM
A FORMER champion boxer accused of attacking a policeman during the Hyde Park Muslim riots has claimed other assault charges against him should be dismissed because he is "easily led" to commit crime because of blows to the head inflicted while boxing.
Ahmed Elomar, 30, the only man still in custody before facing trial over the September clashes, made the claim in Central Local Court yesterday as he was due to be sentenced over a brawl at a Bankstown juice bar on June 28, 2012. Elomar, from Denham Court, was charged with two counts of assault and one of affray, as well as two counts of driving while disqualified and one of possessing a mobile phone in his cell at Long Bay jail.
The court heard Elomar was among a group of 20 men - including an armed man - who assaulted Juicylicious juice bar owner Ali Issawi on June 28. He also threatened to burn down the juice bar, throwing a firecracker into the store the following day.
Elomar's lawyer Winston Terracini SC argued the charges should be dismissed under the Mental Health Act because Elomar was "easily led to take part in" criminal behaviour because of head injuries suffered during his teenage boxing career.
Mr Terracini said Elomar may have suffered "cognitive impairment" from boxing.
He needed to be taken to a "specialist teaching hospital" for MRI scans and "neurological" testing. Aside from any boxing injury, doctors should test to see if he had a "developmental disability", Mr Terracini said.
Mr Elomar may have "mild mental retardation" and post-traumatic stress disorder from "experiences some time ago in Lebanon", Mr Terracini said.
Magistrate Elizabeth Ryan dismissed Mr Terracini's application under the Mental Health Act and gave Elomar a one-year jail term for all the offences. He had been in jail since September last year awaiting trial on the riot charges, and so would be eligible for release from this sentence in September.
These latest charges of affray and assault were brought by the Counter-Terrorism Squad, which said in documents tendered to court that the crime was a religiously motivated attack by a group of Sunni Muslims.
It said Mr Issawi was targeted because he is a Shia Muslim and was believed to be a supporter of Syrian president Bashar Al-Assad.
"(Elomar) took hold of Ali Issawi by the throat and said 'Are you the owner of the shop?' We are going to burn it down," the documents said.
An unknown man who was with Elomar, and who had a gun tucked into his pants, said to Mr Issawi: "We are going to slaughter your necks, all of you, one at a time."
The documents state the group of 20 men who attacked the store emerged from the neighbouring business - the Al Risalah book store.
Bookstore owner Wisam Haddad asked Mr Issawi to prove he was not supporting Mr Al-Assad by donating money to Syria via the bookstore. Mr Issawi did not donate.
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