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

Opine

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1. Maybe nothing, unless they knew that the evidence being presented before their Court was tainted, but I'd expect that the Royal Commission will be putting that exact question to each one of them.

2. Making findings under regulatory powers is different to manipulating the outcome in Criminal proceedings before a Court of Law?

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You appear to be taking the liberty of expanding the RC's anticipated terms of reference to include judges. If you haven't already done so, you might do well to read the Victorian Premier's official media release. Your implication that the conduct of judges may be in question is just nonsense

As for your second point, are you making a statement? or posing a question?
In any case, what "outcome" of which "criminal proceeding before which "court of law" has been found to have been manipulated?; identifying the number and extent to which cases were effected is one of the anticipated goals of the RC, and yet you have already reached a conclusion?
 

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petedavo

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petedavo

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petedavo

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Statement that Sir Ken was cleared of any wrong doing by IBAC and Kellam's OPI investigation in the Australian's article about Sir Ken confirmed
https://www.ibac.vic.gov.au/publica...ations-about-the-conduct-of-sir-ken-jones-qpm

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https://omny.fm/shows/mornings-with-neil-mitchell/neil-says-sir-ken-jones-could-be-owed-a-full-apolo

https://www.3aw.com.au/the-one-person-who-could-be-owed-a-huge-apology-over-the-lawyer-x-scandal/

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petedavo

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Makes one wonder if there was a conspiracy to murder Carl Williams and get rid of Sir Ken Jones to prevent exposure of the Lawyer X business?
https://www.theage.com.au/national/...-sir-ken-ordered-to-leave-20110506-1eca4.html

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petedavo

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Makes one wonder if there was a conspiracy to murder Carl Williams and get rid of Sir Ken Jones to prevent exposure of the Lawyer X business?
https://www.theage.com.au/national/...-sir-ken-ordered-to-leave-20110506-1eca4.html

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Dunno, about you, but reading all these peripheral articles not directly about the Lawyer X scandal, a lot doesn't seem to gel with the popularised story of the gangland wars. It's like a lot of things, this scandal included, seem to be little pawns in a bigger game of chess. Some useful at one time then sacrificed at another, as though someone bigger was playing the game to win.
Why was Nixon moved early? what role did favourable crime stats play in the re-election of Brumby? Why was Overland pinged for COP over others? What role did the popularisation of the narrative that "breaking the underbelly of organised crime" play electorally? Who's careers were being built, whilst other careers were being curtailed? Creation of false beliefs? Blind self deception?
Dunno. But it's all a bit fishy. IMO
Maybe I ate a bad curry yesterday?
Maybe Silvester should rename his column from Naked City to Naked Ambition?

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shellyg

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In a letter she wrote to the Assistant Commissioner of Police in June 2015, LawyerX tells the story of how she became a registered police informer and asks for more money which incidentally is at the root of all evil, someone said.


Re: Assistance to Victoria Police

I refer to our meetings in 2014 and to the letter I wrote to the then chief commissioner Ken Lay (in October 2014) in which I articulated some of my concerns and fears as well as the impact that the revelation of my informer/human source role in the media has had on my life. I refer to and repeat the content of that letter which I will attach to this one in the event that you have not read it.

For the sake of completeness, the response I received from Victoria Police in late 2014 to my letter was nothing but disingenuous and offensive. For the writer to reply by inferring that anyone other than police members were responsible for the leaking of highly sensitive confidential information detailing my role was and is simply absurd.

Of course that was prior to the IBAC report being handed down in which His Honour Justice Kellam made a number of findings, specifically that the manner in which Victoria Police handled me, as an informer/human source, was grossly negligent.

Given that I was not invited to give evidence at the IBAC hearing and nor has any investigator ever spoken to me or offered any kind of explanation as to how not just the fact of my assistance, but the intricate details as well, have become a matter of public knowledge, I remain in a situation in which I accept that this nightmare is not simply going to go away. Nor am I able to take comfort in knowing that those police members who betrayed me have been identified, disciplined or prosecuted. As I think I mentioned to you (or at least to Detective Inspector Ian Campbell), my handlers were aware of intricate personal information about me and when I contemplate where such information may now be, I am disgusted all over again.

As an aside, I consider myself very fortunate that the media appears to have forgotten that when the IBAC inquiry was first announced, their (the Government’s) own media release made it clear that the inquiry was not a general one about informers but rather a specific enquiry into the ‘‘Lawyer X scandal’’.

Whilst I am grateful that Victoria Police applied for and obtained an injunction preventing publication of the IBAC findings, it is clear that some of the content of His Honour’s report has been leaked to the media. I have accepted that I will have to continue to live with the prospect that more details may emerge publicly and, with the assistance of a clinical psychologist and a doctor, I will need to continue to manage the literally paralysing fears and uncertainty as well as heightened danger that impacts upon my existence.

To enable you to try to comprehend the level of actual stress and anxiety I have to manage, I learned only this week that the Calabrian crime family have been informed that police were provided with a copy of the Bill of Lading pertaining to the importation of what remains the world’s largest ever single seizure of MDMA in 2007; they have been told by a journalist that their Bill of Lading was given to police by an informer and that IBAC was provided with the same document which was the subject of specific comment by His Honour Justice Kellam in his final report. It is an understatement to say that over twelve months after the public revelation of me being an informer/human source for Victoria Police, the confirmation that an extremely dangerous Italian organised crime family has learned this type of detail is nothing short of horrifying.


To make any kind of long-term decisions about my future is very difficult because of the continuing problems arising from the original leak to the media of the ‘‘Lawyer X scandal.’’ My treating psychologist has said on occasion that were it not for my children, she does not think I would still be alive; such is the level of my depression, anxiety and PTSD. I have struggled to cope with the fact that my reputation has been completely destroyed and my ability to obtain employment within the legal profession or even utilising my four degrees and experience is hopeless. A Google search of my name is quite literally sickening (to me) let alone googling ‘‘Lawyer X scandal.’’ I also struggle to deal with the fact that any of this has happened given all the assurances I was given (by Police) that my assistance would never be a matter of public knowledge.

I have been forced to live day to day with a degree of hyper-vigilance and fear as to what will come out next and what impact it will have on my life. My anxiety and fears are compounded by the fact that but for some contact I maintain with a handful of former clients (now convicted offenders), neither I nor, more importantly, Victoria Police would be aware of just how dangerous the leaking remains. I have lost faith in assurances I have been given that the IBAC report has not been leaked because it is plainly obvious that the very offenders convicted as a consequence of my assistance are well aware of some of IBAC’s findings.

In any event, the whole issue of how and by whom any information about my assistance was leaked to the media and became a matter of public knowledge, let alone the leaking of IBAC’s findings, remains a matter for your organisation to investigate or resolve. Obviously if I am forced into litigation with respect to Victoria Police’s negligence in failing to keep confidential my assistance and failing in its duty to me as an informer, then the question of which members were involved and who is responsible would be a matter for a Supreme Court judge to consider.

I sincerely hope that I do not have to pursue any of this by way of Supreme Court proceedings; the further damage and stress it would cause me aside, the embarrassment and problems it would create for Victoria Police would be significant.

It has been conveyed to me that it would assist you if I was able to provide details of a ‘‘Top 10’’ kind of list of operations/investigations in which I played a role. It would be unfair and a failure to appreciate the level of my diligence and commitment if that was the only measure by which you assessed my assistance. For that reason, knowing that there are literally thousands of hours of recorded conversations and debriefings as well as many thousands of documents proving without doubt, the immense assistance I provided over a number of years, I am also including some detail as to how and why I began to provide intelligence to Victoria Police and what my assistance included. As I hope you are aware, I helped because I was motivated by altruism rather than for any personal gain.


My actual assistance to Victoria Police began informally via Purana not long after the taskforce was initially formed in 2004. I met as he then was, Detective Sergeant Stuart Bateson on a number of occasions starting in early 2004 which of course was at the height of Melbourne’s gangland war and at a time when the refusal to assist police by anyone involved or with any knowledge was frustrating investigators. What led me to do that was my own frustration with the way in which certain criminals (Carl Williams) were seeking to control what suspects and witnesses could and could not do or say to Police via solicitors who were not in my view, acting in the best interests of their clients because of the undue influence and control of ‘‘heavies’’ such as Williams.

My point is essentially that I was not given any money at all as it seemed to be taken for granted that whatever I had to outlay to spend time with those, whom I informed on, would be borne by me because I was working and had an income. I took no issue with this at the time because Detective Inspector [*Redacted] assured me that this would all be taken into account whenever I finished and made application for a reward. On that note, you should be aware that I was advised by [*Redacted] himself when I spoke to him for the last time in early 2009, that his crew had finished what he referred to as an ‘‘A to Z’’ of the extent of my assistance to Police and that when any reward application was made that report was finalised and ready to be produced. Fortunately for me all those meetings were recorded by Victoria Police lest you be in any doubt as to the veracity of what I am saying I was told.

There were a total of 386 people arrested and charged that I am specifically aware of based upon information I provided to Victoria Police but there are probably more because as you would know, I did not always know the value or use of some of the intelligence that I was providing. There was over $60 million in property and assets seized/restrained based upon my assistance and intelligence (a fact reported in The Age in an article about the results obtained by Purana in decimating the gangland criminals in 2009).

My motivation in assisting Police was not for self-gain but was rather borne from the frustration of being aware of prolific large commercial drug trafficking, importations of massive quantities of drugs, murders, bashings, perverting the course of justice, huge money laundering and other serious offences all being committed without any serious inroads being made by Police. I maintain (despite what I understand from the media to be an incorrect ill-informed view taken by IBAC based upon who knows what version of events), that anything told to me or said in my presence about crimes being planned or committed cannot ever fall under the protection of legal professional privilege by a client. Most significantly, I did not approach the Police because I had committed (nor have I since) any crime for which I required some kind of ‘‘get out of jail free card’’ as is most often the reason people choose to assist Police.


The most significant crimes and/or arrests:

  1. Karam, Higgs, Barbaro and 33 co-accused for the largest ever seizure of ecstasy in the world
  2. Horty Mokbel, Milad Mokbel and their co-accused and associates such as Stephen Gavanas
  3. David Ilic
  4. Joe Mannella (and Karam) for the multiple seizures of hundreds of kilos of cocaine and other drugs that were not the subject of charges but were intercepted and seized by Australian Customs
  5. Faruk Orman (for the murder of Victor Pierce)
  6. Mick Gatto and the Carlton crew (regrettably this was a work in progress when I was handed over to Petra as a witness)
  7. Kamel Khoder [*Redacted], money laundering for various criminals principally the Mokbel family and associates. As a finance broker he obtained fraudulent loans for anyone referred to him; despite his conviction and the confiscation of all his properties he is still committing frauds via false loan applications and deceptions.
Once again, I am, if necessary, prepared to meet with you to try to reach a mutually acceptable agreement. Again, I would ask you to consider this option seriously because it is in no-one’s best interests for my role and involvement as an informer/human source to be detailed in a Writ or explored in civil proceedings.

I look forward to your earliest reply.

https://www.theage.com.au/national/victoria/in-her-own-words-why-a-top-criminal-barrister-became-informer-3838-20181203-p50jug.html

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petedavo

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In a letter she wrote to the Assistant Commissioner of Police in June 2015 seeking additional compensation, LawyerX tells the story of how she became a registered police informer and asks for more money which incidentally is at the root of all evil, someone said.


Re: Assistance to Victoria Police

I refer to our meetings in 2014 and to the letter I wrote to the then chief commissioner Ken Lay (in October 2014) in which I articulated some of my concerns and fears as well as the impact that the revelation of my informer/human source role in the media has had on my life. I refer to and repeat the content of that letter which I will attach to this one in the event that you have not read it.

For the sake of completeness, the response I received from Victoria Police in late 2014 to my letter was nothing but disingenuous and offensive. For the writer to reply by inferring that anyone other than police members were responsible for the leaking of highly sensitive confidential information detailing my role was and is simply absurd.

Of course that was prior to the IBAC report being handed down in which His Honour Justice Kellam made a number of findings, specifically that the manner in which Victoria Police handled me, as an informer/human source, was grossly negligent.

Given that I was not invited to give evidence at the IBAC hearing and nor has any investigator ever spoken to me or offered any kind of explanation as to how not just the fact of my assistance, but the intricate details as well, have become a matter of public knowledge, I remain in a situation in which I accept that this nightmare is not simply going to go away. Nor am I able to take comfort in knowing that those police members who betrayed me have been identified, disciplined or prosecuted. As I think I mentioned to you (or at least to Detective Inspector Ian Campbell), my handlers were aware of intricate personal information about me and when I contemplate where such information may now be, I am disgusted all over again.

As an aside, I consider myself very fortunate that the media appears to have forgotten that when the IBAC inquiry was first announced, their (the Government’s) own media release made it clear that the inquiry was not a general one about informers but rather a specific enquiry into the ‘‘Lawyer X scandal’’.

Whilst I am grateful that Victoria Police applied for and obtained an injunction preventing publication of the IBAC findings, it is clear that some of the content of His Honour’s report has been leaked to the media. I have accepted that I will have to continue to live with the prospect that more details may emerge publicly and, with the assistance of a clinical psychologist and a doctor, I will need to continue to manage the literally paralysing fears and uncertainty as well as heightened danger that impacts upon my existence.

To enable you to try to comprehend the level of actual stress and anxiety I have to manage, I learned only this week that the Calabrian crime family have been informed that police were provided with a copy of the Bill of Lading pertaining to the importation of what remains the world’s largest ever single seizure of MDMA in 2007; they have been told by a journalist that their Bill of Lading was given to police by an informer and that IBAC was provided with the same document which was the subject of specific comment by His Honour Justice Kellam in his final report. It is an understatement to say that over twelve months after the public revelation of me being an informer/human source for Victoria Police, the confirmation that an extremely dangerous Italian organised crime family has learned this type of detail is nothing short of horrifying.


To make any kind of long-term decisions about my future is very difficult because of the continuing problems arising from the original leak to the media of the ‘‘Lawyer X scandal.’’ My treating psychologist has said on occasion that were it not for my children, she does not think I would still be alive; such is the level of my depression, anxiety and PTSD. I have struggled to cope with the fact that my reputation has been completely destroyed and my ability to obtain employment within the legal profession or even utilising my four degrees and experience is hopeless. A Google search of my name is quite literally sickening (to me) let alone googling ‘‘Lawyer X scandal.’’ I also struggle to deal with the fact that any of this has happened given all the assurances I was given (by Police) that my assistance would never be a matter of public knowledge.

I have been forced to live day to day with a degree of hyper-vigilance and fear as to what will come out next and what impact it will have on my life. My anxiety and fears are compounded by the fact that but for some contact I maintain with a handful of former clients (now convicted offenders), neither I nor, more importantly, Victoria Police would be aware of just how dangerous the leaking remains. I have lost faith in assurances I have been given that the IBAC report has not been leaked because it is plainly obvious that the very offenders convicted as a consequence of my assistance are well aware of some of IBAC’s findings.

In any event, the whole issue of how and by whom any information about my assistance was leaked to the media and became a matter of public knowledge, let alone the leaking of IBAC’s findings, remains a matter for your organisation to investigate or resolve. Obviously if I am forced into litigation with respect to Victoria Police’s negligence in failing to keep confidential my assistance and failing in its duty to me as an informer, then the question of which members were involved and who is responsible would be a matter for a Supreme Court judge to consider.

I sincerely hope that I do not have to pursue any of this by way of Supreme Court proceedings; the further damage and stress it would cause me aside, the embarrassment and problems it would create for Victoria Police would be significant.

It has been conveyed to me that it would assist you if I was able to provide details of a ‘‘Top 10’’ kind of list of operations/investigations in which I played a role. It would be unfair and a failure to appreciate the level of my diligence and commitment if that was the only measure by which you assessed my assistance. For that reason, knowing that there are literally thousands of hours of recorded conversations and debriefings as well as many thousands of documents proving without doubt, the immense assistance I provided over a number of years, I am also including some detail as to how and why I began to provide intelligence to Victoria Police and what my assistance included. As I hope you are aware, I helped because I was motivated by altruism rather than for any personal gain.


My actual assistance to Victoria Police began informally via Purana not long after the taskforce was initially formed in 2004. I met as he then was, Detective Sergeant Stuart Bateson on a number of occasions starting in early 2004 which of course was at the height of Melbourne’s gangland war and at a time when the refusal to assist police by anyone involved or with any knowledge was frustrating investigators. What led me to do that was my own frustration with the way in which certain criminals (Carl Williams) were seeking to control what suspects and witnesses could and could not do or say to Police via solicitors who were not in my view, acting in the best interests of their clients because of the undue influence and control of ‘‘heavies’’ such as Williams.

My point is essentially that I was not given any money at all as it seemed to be taken for granted that whatever I had to outlay to spend time with those, whom I informed on, would be borne by me because I was working and had an income. I took no issue with this at the time because Detective Inspector [*Redacted] assured me that this would all be taken into account whenever I finished and made application for a reward. On that note, you should be aware that I was advised by [*Redacted] himself when I spoke to him for the last time in early 2009, that his crew had finished what he referred to as an ‘‘A to Z’’ of the extent of my assistance to Police and that when any reward application was made that report was finalised and ready to be produced. Fortunately for me all those meetings were recorded by Victoria Police lest you be in any doubt as to the veracity of what I am saying I was told.

There were a total of 386 people arrested and charged that I am specifically aware of based upon information I provided to Victoria Police but there are probably more because as you would know, I did not always know the value or use of some of the intelligence that I was providing. There was over $60 million in property and assets seized/restrained based upon my assistance and intelligence (a fact reported in The Age in an article about the results obtained by Purana in decimating the gangland criminals in 2009).

My motivation in assisting Police was not for self-gain but was rather borne from the frustration of being aware of prolific large commercial drug trafficking, importations of massive quantities of drugs, murders, bashings, perverting the course of justice, huge money laundering and other serious offences all being committed without any serious inroads being made by Police. I maintain (despite what I understand from the media to be an incorrect ill-informed view taken by IBAC based upon who knows what version of events), that anything told to me or said in my presence about crimes being planned or committed cannot ever fall under the protection of legal professional privilege by a client. Most significantly, I did not approach the Police because I had committed (nor have I since) any crime for which I required some kind of ‘‘get out of jail free card’’ as is most often the reason people choose to assist Police.


The most significant crimes and/or arrests:

  1. Karam, Higgs, Barbaro and 33 co-accused for the largest ever seizure of ecstasy in the world
  2. Horty Mokbel, Milad Mokbel and their co-accused and associates such as Stephen Gavanas
  3. David Ilic
  4. Joe Mannella (and Karam) for the multiple seizures of hundreds of kilos of cocaine and other drugs that were not the subject of charges but were intercepted and seized by Australian Customs
  5. Faruk Orman (for the murder of Victor Pierce)
  6. Mick Gatto and the Carlton crew (regrettably this was a work in progress when I was handed over to Petra as a witness)
  7. Kamel Khoder [*Redacted], money laundering for various criminals principally the Mokbel family and associates. As a finance broker he obtained fraudulent loans for anyone referred to him; despite his conviction and the confiscation of all his properties he is still committing frauds via false loan applications and deceptions.
Once again, I am, if necessary, prepared to meet with you to try to reach a mutually acceptable agreement. Again, I would ask you to consider this option seriously because it is in no-one’s best interests for my role and involvement as an informer/human source to be detailed in a Writ or explored in civil proceedings.

I look forward to your earliest reply.

https://www.theage.com.au/national/victoria/in-her-own-words-why-a-top-criminal-barrister-became-informer-3838-20181203-p50jug.html
Makes one wonder who the real parasites were in this sorry business? Who gained from it all? And at what ethical costs? There seems to be a certain malevolence. Was it all of it for ambition? Was Lawyer X, just a disposable pawn?
The current narrative doesn't seem adequate somehow.

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shellyg

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Thread starter Moderator #413
Victorian Royal Commission into Management of Informants

On 3 December 2018, Premier Daniel Andrews announced that the Victorian Government would establish a Royal Commission to independently inquire into Victoria Police’s recruitment and management of one of its informants.

On 14 December 2018, Attorney-General Jill Hennessy announced the appointment of the Honourable Margaret McMurdo AC as the Royal Commission Chair, along with former South Australian Police Commissioner Malcolm Hyde AO APM as a Commissioner.

The decision to call for a Royal Commission followed a judgment of the High Court in the matter of AB (a pseudonym) v CD (a pseudonym) [2018] HCA 58 (External link), which raised questions about whether some convictions involving the informant occurred fairly and in accordance with law.

The informant was a criminal defence barrister for several people who were convicted of criminal offences over the past two decades. At the same time, this barrister acted as an informant to Victoria Police about some of these people.

As part of its inquiry, the Royal Commission will also consider the adequacy and effectiveness of Victoria Police's current processes for recruiting, handling and managing human sources who are subject to obligations of confidentiality or privilege, and the use of such human source information in the broader criminal justice system, including how those failures may be avoided in future.

About the Commissioners
Justice McMurdo has had a highly distinguished legal career having worked in the Public Defender’s Office (1976-1989) and admitted as a barrister of the Supreme Court of Queensland in 1989. She was appointed a judge of the District Court of Queensland and the Children’s Court of Queensland (1993-98).

In 1998, Justice McMurdo was appointed President of the Court of Appeal, Supreme Court of Queensland. She was appointed a Companion of the Order of Australia (2007) for service to the law and judicial administration in Queensland.

Mr Hyde has extensive experience in managing large complex police organisations and leading high-profile inquiries in the areas of public safety, and emergency and security issues.

After serving 30 years as a member of Victoria Police, Mr Hyde was appointed Police Commissioner for South Australia Police in 1997. He was reappointed three times before he retired from the role in 2012.

From 2012 to 2013, Mr Hyde was a special adviser to the Victorian Parliament’s Family and Community Development Committee’s Inquiry into the Handling of Child Abuse by Religious and other Non-Government Organisations (Betrayal of Trust Inquiry).

Terms of Reference
The Royal Commission will inquire into and report on:

  1. The number of, and extent to which, cases may have been affected by the conduct of 3838 as a human source.
  2. The conduct of current and former members of Victoria Police in their recruitment, handling and management of 3838 as a human source.
  3. The current adequacy and effectiveness of Victoria Police’s processes for the recruitment, handling and management of human sources who are subject to legal obligations of confidentiality or privilege, including:
    a. whether Victoria Police’s practices continue to comply with the recommendations of the Kellam report; and
    b. whether the current practices of Victoria Police in relation to such sources are otherwise appropriate.
  4. The current use of human source information in the criminal justice system from human sources who are subject to legal obligations of confidentiality or privilege, subject to section 123 of the Inquiries Act 2014, including:
    a. the appropriateness of Victoria Police’s practices around the disclosure or non-disclosure of the use of such human sources to prosecuting authorities; and
    b. whether there are adequate safeguards in the way in which Victoria Police prosecutes summary cases, and the Office of Public Prosecutions prosecutes indictable matters on behalf of the Director of Public Prosecutions, when the investigation has involved human source material
  5. Recommended measures that may be taken to address any systemic or other failures in Victoria Police’s processes for the recruitment, handling and management of human sources who are subject to legal obligations of confidentiality or privilege, and in the use of such human source information in the broader criminal justice system, including how those failures may be avoided in future.
  6. Any other matters necessary to satisfactorily resolve the matters set out in paragraphs 1-5.
The Commission is required to report its findings and any recommendations to the Governor in relation to the specified matter [1] at first instance, and by 1 July 2019 or such other date as agreed between the Commission and the Government. The Commission is required to report its findings and any recommendations to the Governor in relation to the remaining matters as soon as possible thereafter, and no later than 1 December 2019 or such other date to be agreed between the Commission and the Government.

https://www.justice.vic.gov.au/informants-royal-commission
 

shellyg

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Thread starter Moderator #414

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Paul Dale can be quiet now about suing the DPP and having them questioned at the Royal Commission as to their knowledge of Lawyer X, they're safe under s123 of the Inquiries Act?

The Crime Commission can still be questioned though I think, nobody seems to have given them much mention yet.

INQUIRIES ACT 2014 - SECT 123
Powers of Royal Commissions and Boards of Inquiry

(1) A Royal Commission or Board of Inquiry cannot inquire into or exercise any powers in relation to any of the following persons or bodies—

(a) the Auditor-General;

(b) the Ombudsman;

(c) the Electoral Commissioner;

(d) the IBAC;

(e) the Victorian Inspectorate;

(f) the Director of Public Prosecutions for Victoria;


(g) a Crown Prosecutor;

(h) a Victorian court;

(i) VCAT;

(j) a judicial officer;

(k) a non-judicial member of VCAT;

(l) a member of the staff of Court Services Victoria in relation to the performance of judicial or quasi-judicial functions of a Victorian court.

(2) To avoid doubt, it is not the intention of this Act to alter or vary section 94B, 94E or 94F of the Constitution Act 1975 .

(3) Nothing in this section prevents a person or body referred to in subsection (1) from giving evidence or information, or producing a document or other thing, voluntarily to a Royal Commission or Board of Inquiry.
 

petedavo

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Paul Dale can be quiet now about suing the DPP and having them questioned at the Royal Commission as to their knowledge of Lawyer X, they're safe under s123 of the Inquiries Act?

The Crime Commission can still be questioned though I think, nobody seems to have given them much mention yet.

INQUIRIES ACT 2014 - SECT 123
Powers of Royal Commissions and Boards of Inquiry

(1) A Royal Commission or Board of Inquiry cannot inquire into or exercise any powers in relation to any of the following persons or bodies—

(a) the Auditor-General;

(b) the Ombudsman;

(c) the Electoral Commissioner;

(d) the IBAC;

(e) the Victorian Inspectorate;

(f) the Director of Public Prosecutions for Victoria;


(g) a Crown Prosecutor;

(h) a Victorian court;

(i) VCAT;

(j) a judicial officer;

(k) a non-judicial member of VCAT;

(l) a member of the staff of Court Services Victoria in relation to the performance of judicial or quasi-judicial functions of a Victorian court.

(2) To avoid doubt, it is not the intention of this Act to alter or vary section 94B, 94E or 94F of the Constitution Act 1975 .

(3) Nothing in this section prevents a person or body referred to in subsection (1) from giving evidence or information, or producing a document or other thing, voluntarily to a Royal Commission or Board of Inquiry.
Big Philou didn't win the 1969 Melbourne Cup either. There's a word for it that Bart Cummings used at the time.

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sprockets

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You appear to be taking the liberty of expanding the RC's anticipated terms of reference to include judges. If you haven't already done so, you might do well to read the Victorian Premier's official media release. Your implication that the conduct of judges may be in question is just nonsense

As for your second point, are you making a statement? or posing a question?
In any case, what "outcome" of which "criminal proceeding before which "court of law" has been found to have been manipulated?; identifying the number and extent to which cases were effected is one of the anticipated goals of the RC, and yet you have already reached a conclusion?
It's an internet forum, people are allowed to take liberty unless they cause harm. How is it that a judge or judges allowed this apparently tainted evidence into court? Surely a judge would be across who is who before trial?
 

Magruder

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It’s not her, she’s a solicitor not a barrister, and is still practicing with her own firm now. One of the articles has a statement from her that she’s preparing appeals for some of her clients.
That narrows it down to about one other female I guess.
I know it's not Zarah Garde-Wilson. Go back a page ... ;) My point was its very very obvious who it actually is and imo I'm glad she's no longer practising, she is an absolute disgrace to the legal profession.
Knew her at Uni... (distantly) ... had a couple of run-ins
Anyone who followed the legal side of things knows who 3838 is..
 

Magruder

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Barristers are sole traders, they’re not permitted to be in corporation or partnership, and are not permitted to be employed or employ staff.

In relation to her own liability, she’d have professional indemnity insurance, but would you still be covered if you deliberately breach ethics.
absolutely no chance
 

petedavo

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It's an internet forum, people are allowed to take liberty unless they cause harm. How is it that a judge or judges allowed this apparently tainted evidence into court? Surely a judge would be across who is who before trial?
Doesn't matter. Opine knew the terms of reference a full day before the media release.

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sprockets

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Makes one wonder if there was a conspiracy to murder Carl Williams and get rid of Sir Ken Jones to prevent exposure of the Lawyer X business?
https://www.theage.com.au/national/...-sir-ken-ordered-to-leave-20110506-1eca4.html

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I'm a swinging voter, so no allegiance to any side of politics, but this makes you think about how Victoria has become a 'police State':

""While we are unaware of what has occurred in this instance, there's no doubt the Baillieu Government has completely mishandled and undermined the authority of Victoria Police command,'' the former Brumby government police minister said."

It seems govt's of all persuasions should have kept a closer eye on them rather than allow them to run rampant, as seems to have been the case in recent years.
 

Opine

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It's an internet forum, people are allowed to take liberty unless they cause harm. How is it that a judge or judges allowed this apparently tainted evidence into court? Surely a judge would be across who is who before trial?
We have an adversarial court system, not inquisitorial.
the court relies on ethical conduct of its officers.
 

petedavo

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Opine

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shellyg

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Thread starter Moderator #425
Roberta's bankrupt apparently and lost against the ATO.

The former wife of murdered Melbourne gangland figure Carl Williams has lost a court bid to use the Informer 3838 scandal to stop the weekend auction of a family home.

The Australian Tax Office (ATO) is auctioning the million-dollar Essendon property to recover a tax bill left by convicted drug trafficker George Williams, who died in 2016.

https://www.abc.net.au/news/2018-12...-bid-to-stop-ato-selling-family-home/10620104
 
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