Salim Mehajer's stalking, intimidation charge dismissed in local court

Former Auburn deputy mayor Salim Mehajer has had a charge of stalk and intimidate dismissed in local court over accusations he threatened to kidnap the father of a Lindt Café siege survivor's children in a gym carpark.

Magistrate A Mikovich dismissed the charge at Burwood Local Court today, giving the reason that what happened in the carpark could not be proven beyond reasonable doubt.

However, the AVO against Mehajer to stay away from Bruce Herat will remain in place for 12 months.

Yesterday personal trainer Bruce Herat, father of Lindt Café staffer Joel Herat, told the court of how Mehajer 'threatened to find out his address and kidnap his children' after a dispute over gym equipment.

Mr Mehajer allegedly boasted that he had "people inside the police" when Mr Herat suggested he would contact police over the September 16 incident.

Mr Herat works at Anytime Fitness in Burwood where Mr Mehajer was a member.

The ex-deputy mayor of Auburn Council attended the gym on the Wednesday night when a dispute erupted between the pair at about 9:30pm.

Mr Herat told Burwood Local Court on Wednesday that he had simple approached Mr Mehajer to ask him to take better care of the weight machines.

Mr Mehajer was allegedly using a leg curl machine at the time, and Mr Herat instructed three people, including Mr Mehajer, not to “drop the weights” after the exercise.

"I said, 'I'm a personal trainer here, I'd appreciate if you don't drop the weights, it causes noise and damage to the machines and costs members in the long run'," Mr Herat told Burwood Local Court on Wednesday.

"He said to me, 'who the f--- are you to talk to me' and 'what gives you the right to tell me how to use this machine'," Mr Herat said.

"I said I'm just letting you know the rules and directions of the club.

"He said, 'f--- you, f--- Anytime Fitness, don't you know who I am? I pay my fees'."

Mr Heart explained to the court that he did not know who Mr Mehajer was at the time.

"I said, 'I don't know who you are, tell me your name'," he said.

"He said, 'I'm not telling you my name. F--- you, you piece of s--t'.

"I said, 'no problem, I'll take it up in the morning'."

Mr Herat left the gym shortly after the heated discussion and made his way to the carpark where Mr Mehajer allegedly stormed after him and stood six-inches away from his face.

"He said, 'who are you to talk to me the way you do? What gives you that right?'"

"I told him I asked him not to drop his weights and I did so in a polite manner and I had told two other members the same thing.”

Mr Herat said Mr Mehajer began to walk away before he yelled: “This is not the end of the matter”.

"He said, 'I'm going to take it further, I'm going to find out where you live motherf---er and I'm going to kidnap your children'."

Mr Herat then asked for his name a second time.

"He said, 'my name is Salim Mehajer'."

Mr Herat said the name still did not ring a bell, but suggested the pair talk in front of police.

"You don't want to do that. I have people inside the police, that's not the half of it."

Mr Herat contacted the gym’s manager and informed him of the incident before doing an internet search of the former deputy.

The following morning, the personal trainer contacted police.

In response to Mr Mehajer’s lawyer Richard Pontello, Mr Herat denied being angry when he asked the members to stop dropping the weights.

He also denied threatening to cancel Mr Mehajer’s gym membership.