A professional boxer and former Mongols bikie has failed in his bid for compensation after his parole was revoked amid concerns he was the target of a hit.
Suleiman “Sam” Abdulrahim launched legal action against the Adult Parole Board and State of Victoria after his early release from prison was revoked in June 2019, suing for damages for false imprisonment and psychiatric injury.
Abdulrahim had been released on parole just three months earlier after being convicted of culpable driving and causing the death of grandmother Muriel Hallett in a 2015 crash while speeding in his Ferrari Spider.
But, through no fault of Abdulrahim, he was rearrested on June 13 and returned to prison after three shootings police believed he was the intended target of.
He then spent the next 72 days in custody and was assaulted by another prisoner with a rock before a Supreme Court justice quashed the decision to cancel his parole in August and he was released.
In arguments put forward by Abdulrahim’s lawyers, it was claimed his arrest was unlawful and gave rise to the claims of false imprisonment and psychiatric harm as a result.
Rejecting that argument in the Supreme Court on Monday, Justice John Dixon found Abdulrahim’s 72 days in custody were unjust but lawful.
“Although it leads to consequences that, in my view, are unjust, I have not been persuaded that the plaintiff’s subsequent imprisonment was unlawful,” he said.
“Because I have concluded that no claim for damages for false imprisonment is maintainable against any defendant, the plaintiff’s claim must be dismissed.”
But Justice Dixon said he believed the statutory scheme he was forced to uphold allowed an “injustice” to take place and referred his decision to Victoria’s Attorney-General Jaclyn Symes, asking she consider an “ex-gratia” payment to Abdulrahim.
Ex-gratia refers to a payment made as a gesture of goodwill or compassion.
Justice Dixon said had he been required to assess damages, it would have likely been in the range of $140,000 to $160,000, with about $33,000 of medical expenses.
Abdulrahim survived a shooting outside Melbourne’s Faulkner cemetery in June last year when his Mercedes four-wheel-drive was sprayed by bullets.
He was struck five times in the upper body but has since recovered and returned to boxing in May.
The two alleged shooters fled the country in the days following the incident.
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