Andrew O’Keefe is hoping to have convictions for domestic violence and drug possession overturned. The former TV star’s lawyer claims a magistrate failed to give ‘competing versions’ of events sufficient weight.
The troubled former Seven Network presenter was convicted of three counts of domestic violence, two counts of breaching an AVO against him and two counts of possession of a prohibited drug.
O’Keefe was sentenced to 18 months’ community service under a community service order, which carries monitoring and reporting obligations, and an $800 fine for drug offences.
The 52-year-old is accused of breaching an assault 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 Judge Alison Viney made a number of legal errors in finding O’Keefe guilty of domestic violence earlier this year.
O’Keefe claims the woman in the case was aggressive towards him and that it was not a case of him “simply attacking” her, the court was told.
According to O’Keefe, this also included the woman waving a laptop at him.
“That means that your Honour is left with two very competing versions,” Mr Boulten told the court.
Andrew O’Keefe hopes to overturn convictions for domestic violence and drug possession
“He accuses her, and she accuses him.”
O’Keefe claims he saw the woman scratch her own hand during an argument in September 2021, after which police were called to a home in Sydney’s eastern suburbs.
Mr Boulten said the woman’s claim that she had cut her hand open on a hinge after being pushed into the doorway by O’Keefe was not supported by physical evidence.
If the court finds the woman lied about the manner of the wound, it should have a knock-on effect on the credibility of her other evidence, Mr Boulten argued.
“If she had scratched her hand on purpose when she was upset, sad, angry or even extremely hostile towards the defendant, she would have known that,” he said.
“If he didn’t do it, that’s a very, very bad lie.”
Judge John Pickering, who oversaw the appeal, noted that the woman initially told the operator she did not want to press charges against O’Keefe.
“If you put it in context, she is not someone who wants to prosecute him that night at all,” the judge said.
The former Seven Network presenter (pictured in Deal or No Deal) was convicted of three charges of domestic violence, two counts of breaching an AVO against him, and two charges of possession of a prohibited drug.
A prosecutor noted that O’Keefe’s defense team remained “silent” about other injuries the woman allegedly sustained that night, including scratches on her chest and a bruise on her thigh.
“Your Honour will find that her evidence is truthful, reliable and accurate,” he said.
‘You would then conclude that the violations have been proven and should be upheld on appeal.’
Mr Boulten argued that an incident in which O’Keefe admitted spitting in the woman’s face should not be used as evidence of intent to support a finding of guilt for an assault on another occasion.
Judge Pickering questioned why the judge was not allowed to use O’Keefe’s confession to show that he “has a tendency to spit in a woman’s face when he is angry or frustrated.”
“Most men in our society…do not spit in their partner’s face,” the judge said.
O’Keefe is also hoping to have a drug possession conviction overturned, claiming a bag of the synthetic stimulant mephedrone, also known as meow meow, was not his.
The case is scheduled for a verdict on September 9.
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