Current Royal Commission into Lawyer X gangland convictions on tainted evidence & police corruption

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petedavo

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Very interesting article, longish but highly recommend.

The stakes are much higher than the careers of Victoria’s senior police or even the lives of the barrister and her two young children. For starters, it is certain that some of the state’s most significant criminal convictions, including Mokbel’s, will be re-examined and, most likely, overturned. Still more seriously, the royal commission will surely need to grapple with the question of how both the Bar and, especially, Victoria Police went so dramatically awry in this case (and perhaps others).


The High Court’s judgement on Lawyer X is a slim affair. Procedurally, it merely signalled the seven judges’ belief — reversing an earlier decision by two of them — that the fight between Victoria’s police and prosecutors was worth the court’s time. But the judgement makes up for brevity in vehemence. The justices dish out verbal blows to Lawyer X herself (questioning not only her “appalling” ethics but even her care for her children) and Victoria Police (“reprehensible,” “atrocious” and unfaithful!). Their sharpest line has a broader target: “the prosecution of each convicted person was corrupted in a manner which debased fundamental premises of the criminal justice system.” Corrupted! Debased! These carefully chosen words signal that the hard-fought drug trafficking convictions of Mokbel and his associates are already as good as gone.

https://insidestory.org.au/dont-mention-the-law/

Jeremy Gans is a Professor in Melbourne Law School, where he researches and teaches across all aspects of the criminal justice system
 
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John Silvester on legal advice matters and Lawyer X

https://www.theage.com.au/national/victoria/a-grim-year-for-victoria-police-20181219-p50n4b.html

The members of the Purana Taskforce who used her as a registered informer back in 2005 are adamant they did nothing wrong and that all their dealings with her are recorded and are above board. The external legal advice will be pivotal. If police were told using her as a registered informer was lawful, then it is play on. If they did not seek such advice, it points to a view that they knew what they were doing was perhaps over the edge.

What does Silvester mean by play on?

Is he suggesting that the state might need to consider taking legal action against it’s legal advisers if they provided rogue legal advice to Police about using the heroguic lawyer X as a registered informer?

What about internal legal advice?

Don’t Victorian Police have their own legal department too?
 

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John Silvester on legal advice matters and Lawyer X

https://www.theage.com.au/national/victoria/a-grim-year-for-victoria-police-20181219-p50n4b.html



What does Silvester mean by play on?

Is he suggesting that the state might need to consider taking legal action against it’s legal advisers if they provided rogue legal advice to Police about using the heroguic lawyer X as a registered informer?

What about internal legal advice?

Don’t Victorian Police have their own legal department too?
He means that what they did was legally ok.
 

petedavo

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John Silvester on legal advice matters and Lawyer X

https://www.theage.com.au/national/victoria/a-grim-year-for-victoria-police-20181219-p50n4b.html



What does Silvester mean by play on?

Is he suggesting that the state might need to consider taking legal action against it’s legal advisers if they provided rogue legal advice to Police about using the heroguic lawyer X as a registered informer?

What about internal legal advice?

Don’t Victorian Police have their own legal department too?
Victorian Government Departments and Trading Enterprises are only supposed to use the VGSO for legal advice and to represent them against claims, same as any other state mandates the same thing with their government solicitors offices in their procurement and tendering rules. So unless Victoria is different to other states, if police wanted legal advice, then they have no option but to use the VGSO presumably.

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Corrections Victoria makes an entrance. The implications are staggering.

By Anthony Dowsley
c7ebf1b94b7175bc51a14ecff88a9eee.jpg


lx.jpg


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Corrections Victoria makes an entrance. The implications are staggering.

By Anthony Dowsley
c7ebf1b94b7175bc51a14ecff88a9eee.jpg
502491310b71c6d988bf8e37e4b384cd.jpg


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It's amazing the lengths the police and others went to end the gangland war considering it was only crooks killing other crooks. I doubt most of the good, honest citizens of Victoria wanted an end to it. It certainly didn't bother me. $millions upon $millions wasted and now we have this episode.
 
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It's amazing the lengths the police and others went to end the gangland war considering it was only crooks killing other crooks. I doubt most of the good, honest citizens of Victoria wanted an end to it. It certainly didn't bother me. $millions upon $millions wasted and now we have this episode.
When guys were getting bumped at kids footy matches , this changed the public perspective.
 
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John Silvester on legal advice matters and Lawyer X

https://www.theage.com.au/national/victoria/a-grim-year-for-victoria-police-20181219-p50n4b.html



What does Silvester mean by play on?

Is he suggesting that the state might need to consider taking legal action against it’s legal advisers if they provided rogue legal advice to Police about using the heroguic lawyer X as a registered informer?

What about internal legal advice?

Don’t Victorian Police have their own legal department too?
It is an issue for the lawyer playing for both teams, not Vic Pol.
 

petedavo

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What Nuremberg got to do with this?
https://en.m.wikipedia.org/wiki/Superior_orders
"Superior orders, often known as the Nuremberg defense, lawful orders or by the German phrase Befehl ist Befehl ("an order is an order"), is a plea in a court of law that a person—whether a member of the military, law enforcement, a firefighting force, or the civilian population—not be held guilty for actions ordered by a superior officer or an official."


https://encyclopedia.ushmm.org/content/en/article/law-and-justice-in-the-third-reich
"After the war, prominent Nazi jurists like Curt Rothenberger, Franz Schlegelberger, and Josef Altstoetter were tried in the Jurists' Trial of the Subsequent Nuremberg Proceedings on charges of "judicial murder" and other atrocities.

This case is unusual in that the defendants are charged with crimes committed in the name of the law. These men, together with their deceased or fugitive colleagues, were the embodiment of what passed for justice in the Third Reich.
—Telford Taylor"

https://en.m.wikipedia.org/wiki/Simon_Says
Simon Says


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It's amazing the lengths the police and others went to end the gangland war considering it was only crooks killing other crooks. I doubt most of the good, honest citizens of Victoria wanted an end to it. It certainly didn't bother me. $millions upon $millions wasted and now we have this episode.

There are plenty of drugs still out there.
It begs the question ... who won? Who won the gang land war.
 
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