CFMEU official gets bail over violent home invasion

“The seriousness of this offence is so grand that it doesn’t warrant bail,” he argued.

However, Mr Margjini’s lawyer Nick Scerri invoked the FWC ruling to argue his client was a “different man”, and the Construction, Forestry, Maritime and Energy Union West Australian branch provided the court with a reference on his employment with the union.

Magistrate Rosemarie Myers recognised Mr Margjini’s commitments to family and community in granting him bail. A gallery of supporters applauded and his wife broke down in tears.

Mr Margjini must surrender his passport, report to police three times a week, stay in the state and not contact or go within 100 metres of the victim.

He is facing charges of aggravated burglary, attempted aggravated armed robbery, deprivation of liberty and criminal damage after police uncovered DNA evidence allegedly linking him to the attack.

The police sergeant told the court that, with an unidentified co-accused, Mr Margjini allegedly entered the house from the rear after 9pm dressed all in black and swinging his machete to shatter a glass door.

The victim, who was 55 and lived alone, ran through the house screaming for help, knocking over furniture and fleeing to the bathroom.

When Mr Margjini was unable to force entry into the bathroom, he started slashing at the door with the machete, narrowly missing the victim’s face, police alleged.

On gaining entry, he allegedly grabbed the victim by the shirt and threw her on the floor before placing his knee on her chest.

He then allegedly put the machete to the woman’s throat saying: “Money, bitch, where’s the money?”

The victim believed if she were to move her head she would likely cut her throat, the court heard.

She attempted to escape by grabbing the offender’s genitals but was overpowered and stopped fighting after believing he would kill her, police said.

At that point, the co-accused gave Mr Margjini a towel that he allegedly used to stuff in the woman’s mouth after pinching her nostrils to force her to open up.

The victim said she was unable to breathe and that while she was falling into unconsciousness “she said goodbye to her grandchildren and children and thought she was going to die”, police told the court.

When she regained consciousness she screamed for help but found the intruders had gone.

‘Strong case’

Police said they had conducted a forensic examination of the towel stuffed into the victim’s mouth and found that Mr Margjini’s DNA was on it when there was “no earthly reason” for it to be.

“It’s a strong prosecution case,” the police sergeant said.

He said at the time of the alleged invasion Mr Margjini had been on bail for robbery and stealing a motor vehicle, although neither charge made it to conviction.

Mr Scerri said there may be problems with the DNA and argued Mr Margjini had made an “extraordinary” effort to turn away from his past life.

“Ultimately, he carries the can for his two young children and his wife,” he said. “He is employed by a union.”

A letter from the CFMEU said Mr Margjini was responsible for 20 sites with 1200 employees, who relied on him.

“He has that excellent employment with the union,” Mr Scerri said.

A CFMEU spokesman said the union “is aware of allegations made against an official over an incident alleged to have occurred more than a decade before he was employed by the union”.

“These are serious charges which will be subject to a proper legal process and as this matter is before the court the CFMEU won’t be commenting further,” he said.