A Casey property manager has staged the theft of his car and lied to police after he evaded a breath-test roadside station, a court has heard.
Ahmed Mohammadi, 22, of Hampton Park, pleaded guilty at the Victorian County to perverting the course of justice as well as perjury and failing to stop at a breath-test site.
Mohammadi fled in his Mazda 3, disobeying a police direction to stop at the site at Hallam Road, Hampton Park on 15 December 2022.
His evasion began because he panicked over taking a Xanax tablet – which ironically can’t be detected at roadside testing stations, sentencing judge Wendy Wilmoth noted on 25 October.
He then “dug a deeper and deeper hole” for himself, she said.
Later on the night in question, he hid his car on Ormond Road, Narre Warren.
He then arranged for someone to drive him to Black Rock where he rang police to falsely report his car was stolen from the Red Bluff Lookout car park.
Two days later, he left his phone at home while moving his car to Centre Road, Hallam and abandoning it. It was discovered with minor damage by a member of the public.
Mohammadi maintained his fiction in a signed police statement.
However police found his phone signals differed significantly from his claimed movements.
They seized his phone – which he told them was his work phone. He lost his personal phone a few days earlier, he claimed.
A year later, when police arrived to search his family’s home, he offered to tell them the driver’s identity if they left. Police persisted in the search and found his personal phone.
On his second police interview, Mohammadi falsely claimed he was covering for an unlicensed friend driving him in the car at the time.
On his third version, he eventually volunteered that he’d driven away from the testing site to hide that he’d taken a Xanax tablet.
Judge Wilmoth noted the remorseful Mohammadi had no prior convictions, no history of drug abuse and had “good” rehabilitation prospects.
The Hazara refugee was diagnosed with PTSD, having experienced four friends dying at the hands of police in Afghanistan, as well as witnessing suicide bombings and being a victim of a violent armed robbery.
Judge Wilmoth noted a conviction would put his property-management licence in jeopardy. Deportation was also a possibility.
Currently on a permanent protection visa, Mohammadi had his citizenship application on hold due to the charges.
“There is every indication that you’ve learnt a hard lesson,” Judge Wilmoth said.
The maximum penalty for perverting the course of justice is 25 years’ prison; for perjury, it’s up to 15 years.
Prosecutors argued that his falsehoods were protracted but less serious because he didn’t deceive a law court.
His defence lawyer attributed his “foolish” conduct to immaturity and youthful lack of judgment.
Both sides agreed that a community corrections order (CCO) was “within range”.
Mohammadi was convicted and sentenced to a 12-month CCO with 80 hours of unpaid work and mental health treatment.
He was fined $500 and disqualified from driving for two years.
