Merivale ‘whale’ Matthew Palavidis learns fate on his appeal against claim he assaulted a waitress
Matthew Palavidis, who is known by Merivale employees as a ‘whale’, has successfully appealed an assault conviction after claims he attempted to expose a waitress’s breast.
The 64-year old engineer, who is from Darling Point in Sydney, visited Coogee restaurant Mimi’s – owned by restaurateur Justin Hemmes – on March 17, 2023.
A waitress, who cannot be named due to legal reasons, claimed Mr Palavidis tried to undo her top while she served him a ‘caviar bump’ and vodka shots, The Daily Telegraph reports.
She alleged that he pulled a cord on her blouse which exposed one of her breasts.
A charge of sexual touching without consent brought against the engineer was overturned on September 2 last year.
Months later, on Friday, Judge Mark Williams overturned the common assault conviction against Mr Palavidis.
During evidence, the court heard from three people who had been at the restaurant with Mr Palavidis who said they did not see him pull the cord, or the waitress’s exposed breast.
Matthew Palavidis (pictured) saw a common assault conviction against him overturned after he was accused of undoing a waitress’s blouse in 2023
Judge Williams told the court that CCTV footage of the scene did not capture any criminal offence occurring.
The video, which was presented to court, was inconclusive as it showed Mr Palavidis appearing to reach to his right but any further vision was obstructed by a lamp.
Mr Palavidis’ lawyer, Paul McGirr, said his client had been used ‘as a pawn’ with a ‘pile on’ by the Hemmes empire.
‘There were three witnesses on the same table who said the incident absolutely did not happen,’ Mr McGirr said, the Telegraph reports.
‘Yet the prosecution waited until the last day of the hearing to call them as witnesses, but only [because] we demanded they do so.
‘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.’
The Daily Mail has contacted Merivale for comment.
In a statement to the Daily Mail, Mr McGirr said the charges should never have been brought against his client due to the evidence.
The court heard that Mr Palavidis enjoyed luxurious meals at venues belonging to Merivale, run by restaurateur Justin Hemmes (pictured), which lent him the nickname ‘whale’
‘My client always professed his innocence, unfortunately the investigation by police was so lacking that they decided not to interview three witnesses,’ he said.
‘It was only by the fact that those three witnesses were present in court each day of the trial which prompted them to be called as witnesses.
‘There was footage of the incident which never depicted the incident as alleged… in court, none of these witnesses alleged these were the events which occurred.
‘If the incident had occurred as alleged, these witnesses, two of which were female, would have done something about it & left the venue immediately.
‘On that basis, the charges should have never been brought.’
The court was told Mr Palavidis was called ‘whale’ by some within Hemmes’ Merivale empire due to his high spending at venues.
The judge heard that the engineer regularly dined on lobster, martinis and Don Julio 1942 tequila.
A decision is due to be made as to whether the state will cover Mr Palavidis’ legal costs which could reach six figures. The matter will return to court on February 25.
