High-Spending Sydney Engineer Cleared of Waitress Assault Charges
Matthew Palavidis, a 64-year-old engineer from Darling Point in Sydney, has successfully appealed a common assault conviction after being accused of attempting to expose a waitress's breast at a prestigious restaurant. The case, which has drawn significant attention, centred on events at Coogee restaurant Mimi's on March 17, 2023.
Incident Allegations and Legal Proceedings
The waitress, who cannot be named for legal reasons, alleged that Mr Palavidis tried to undo her top while she served him a 'caviar bump' and vodka shots. She claimed he pulled a cord on her blouse, exposing one of her breasts. Initially, a charge of sexual touching without consent was brought against the engineer, but this was overturned on September 2 last year. Months later, on Friday, Judge Mark Williams overturned the subsequent common assault conviction.
Key Evidence and Witness Testimonies
During the court proceedings, three individuals who were dining with Mr Palavidis at the restaurant testified that they did not witness him pull the cord or see the waitress's exposed breast. Judge Williams noted that CCTV footage presented to the court did not capture any criminal offence occurring. The video showed Mr Palavidis appearing to reach to his right, but any further vision was obstructed by a lamp, rendering the footage inconclusive.
Defence Arguments and Prosecution Criticism
Mr Palavidis's lawyer, Paul McGirr, argued that his client had been used 'as a pawn' in what he described as a 'pile on' by the Hemmes empire. He emphasised that the prosecution waited until the last day of the hearing to call the three witnesses, only doing so after the defence demanded it. Mr McGirr stated, 'We had a packed restaurant with CCTV and there was not one person who saw it or a single piece of evidence that showed an offence occurring.'
In a statement to the Daily Mail, Mr McGirr further criticised the investigation, saying, 'My client always professed his innocence, unfortunately the investigation by police was so lacking that they decided not to interview three witnesses.' He added that if the incident had occurred as alleged, the witnesses, including two females, would have taken immediate action and left the venue.
Background and Financial Implications
The court heard that Mr Palavidis is known as a 'whale' within Justin Hemmes's Merivale empire due to his high spending at their venues. He regularly indulged in luxurious meals featuring lobster, martinis, and Don Julio 1942 tequila. As he left the court on Friday, Mr Palavidis smiled while accompanied by family members.
A decision is pending on whether the state will cover Mr Palavidis's legal costs, which could reach six figures. The matter is scheduled to return to court on February 25 for further proceedings.
