A former Mongols bikie who was assaulted with a rock behind bars after being wrongly sent back to prison by the Adult Parole Board has failed in an effort to sue for damages.
But Attorney-General Jaclyn Symes will be asked to consider an ex-gratia payment for Suleiman ‘Sam’ Abdulrahim after the Supreme Court found his imprisonment was unjust.
The parole board has previously offered Adbuldrahim $900 a day for his imprisonment - a total of $64,000 - but he sought three times that amount during a civil trial.
Adbdulrahim had been jailed for more than three years in 2018 after killing a grandmother in a crash.
With time served, he was released on parole after two years in 2019.
Through no fault of his own, Abdulrahim’s parole was revoked six months later in June 2019, when police feared he was a target in three shootings.
The ex-Mongols bikie, 31, was at a supermarket with his then-girlfriend when an unmarked black car pulled up and fugitive detectives told him there was a hit on his head.
The parole board revoked his parole, citing community safety.
Abdulrahim spent 72 days in custody, including 35 days in solitary confinement, because of concerns he was in danger.
The board's decision was later overturned by a Victorian Supreme Court judge who found Abdulrahim had done nothing to warrant parole being revoked.
In deciding the civil case on Monday, Justice John Dixon said he wasn't convinced the extra time Abdulrahim spent in prison amounted to false imprisonment, but it was unjust.
“(Abdulrahim) was imprisoned for 72 days, spending 35 days in solitary confinement with deprivation of various privileges without justification,” he said.
He directed his reasons be referred to the attorney-general with a recommendation she consider an ex-gratia payment be made to Abdulrahim.
Justice Dixon said had he been required to consider damages, he would have assessed Abdulrahim as being eligible for up to $192,000.
Abdulrahim was shot four times in the chest in June 2022 when his Mercedes was ambushed while leaving his cousin's funeral in Fawkner.
He survived the attack and managed to drive to a police station to seek help.
