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

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The Herald Sun is not letting up upon the heat it would seem.


Why the Lawyer X scandal matters
Rita Panahi, Herald Sun
December 17, 2018 12:07pm
https://www.heraldsun.com.au/blogs/...s/news-story/29bf7fc60e0b6d5c9e09df7ca69550c7

extracts»

"malfeasance of powerful individuals who decided that the ends justified the means."

"Victoria isn’t some backward banana republic or totalitarian regime where the accused have no rights; every person charged with a crime has the fundamental right to a thorough and robust defence.

It’s bad enough for a lawyer, who has a sworn duty to act in a client’s best interests, not to provide the very best defence possible but to actively work against their client in cahoots with the police is a betrayal that is mind-blowing."

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The sun will sensationalise this for everything it is worth. Rita is not known for her balanced reporting but appeals to the lowest common denominator.
 

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petedavo

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Strangely enough 4 corners talked about Lawyer X / registered informer 3838 by calling her an "gangland figure" in an episode on witness protection.

https://www.abc.net.au/4corners/true-detectives/6065280

Extract»

"But recently there's been another major development. Victoria's anti-corruption body has launched an inquiry into the Force's alleged mismanagement of a third gangland figure who was helping police on the Hodson case.

Tonight, Ron Iddles tells Four Corners he refused an order from Simon Overland to take a statement from this figure, because doing so could have exposed them to underworld reprisals - or even death.

RON IDDLES: I had a conversation with that witness and said, "If I take this statement, these are the likely implications." So I didn't take the statement.

So sometimes I think the priorities are wrong. Yes, we all want to have a successful outcome in relation to court cases, but I don't think we do it at the expense of a witness', ah, life."


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petedavo

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NATIONAL AFFAIRS

Don’t mention the law

JEREMY GANS

10 DECEMBER 2018

If judges don’t have a clear idea of how police should behave, where does that leave everyone else?

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

"more detailed lower-court judgements in the case keep appearing and disappearing from internet repositories without explanation."

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sprockets

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NATIONAL AFFAIRS

Don’t mention the law

JEREMY GANS

10 DECEMBER 2018

If judges don’t have a clear idea of how police should behave, where does that leave everyone else?

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

"more detailed lower-court judgements in the case keep appearing and disappearing from internet repositories without explanation."

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Excellent article. As I asked a few days ago, how does a judge allow tainted evidence into court? He shouldn't.
 

petedavo

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Excellent article. As I asked a few days ago, how does a judge allow tainted evidence into court? He shouldn't.
If the judge knew? or the ODPP prosecutors knew?
Has MSM published a list of the Judges and ODPP prosecutors involved in these trials? Presumably they all could be subject to being examined by the Royal Commission to ascertain how far a possible conspiracy went, if we're taking the allegations from the High Court and the opinions of some QCs quoted in the MSM at face value.
The disappearance of MSM articles statement is intriguing. I noticed it too, but some of those articles from the cases associated with Mokbel, like the Bart Rizzo one back ten years ago didn't mention Lawyer X at all, but the prosecutor was, in an article that appears in Google results - where the link returns that the article is no longer on Press Reader. Yet other articles names other ODPP prosecutors still remain, even ones naming the Judges and the various other defence barristers. I can only wonder if there's more than one person subject to suppression orders. I suppose we'll never know. MSM hasn't mentioned anything along those lines, so it's really perplexing.

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Thread starter Moderator #456
If the judge knew? or the ODPP prosecutors knew?
Has MSM published a list of the Judges and ODPP prosecutors involved in these trials? Presumably they all could be subject to being examined by the Royal Commission to ascertain how far a possible conspiracy went, if we're taking the allegations from the High Court and the opinions of some QCs quoted in the MSM at face value.
The disappearance of MSM articles statement is intriguing. I noticed it too, but some of those articles from the cases associated with Mokbel, like the Bart Rizzo one back ten years ago didn't mention Lawyer X at all, but the prosecutor was, in an article that appears in Google results - where the link returns that the article is no longer on Press Reader. Yet other articles names other ODPP prosecutors still remain, even ones naming the Judges and the various other defence barristers. I can only wonder if there's more than one person subject to suppression orders. I suppose we'll never know. MSM hasn't mentioned anything along those lines, so it's really perplexing.

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Does not 132s restrict the Royal Commission from inquiry into the ODPP?
 

shellyg

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Thread starter Moderator #459
If the judge knew? or the ODPP prosecutors knew?
Has MSM published a list of the Judges and ODPP prosecutors involved in these trials? Presumably they all could be subject to being examined by the Royal Commission to ascertain how far a possible conspiracy went, if we're taking the allegations from the High Court and the opinions of some QCs quoted in the MSM at face value.
The disappearance of MSM articles statement is intriguing. I noticed it too, but some of those articles from the cases associated with Mokbel, like the Bart Rizzo one back ten years ago didn't mention Lawyer X at all, but the prosecutor was, in an article that appears in Google results - where the link returns that the article is no longer on Press Reader. Yet other articles names other ODPP prosecutors still remain, even ones naming the Judges and the various other defence barristers. I can only wonder if there's more than one person subject to suppression orders. I suppose we'll never know. MSM hasn't mentioned anything along those lines, so it's really perplexing.

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I think there's more to the story yet, guess we'll find out in February just how wide this Royal Commission will go and whose careers might be on the rocks.
 

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petedavo

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shellyg

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Thread starter Moderator #467

shellyg

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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?
 

sprockets

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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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sprockets

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Corrections Victoria makes an entrance. The implications are staggering.

By Anthony Dowsley


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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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