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

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Interview with Nicola Gobbo in a new pod, Episode 2 which offers a good assessment of Tony Mokbel imo. Episode 1 offers some insight into Gobbo's childhood.

 
I don't know why she's jumped out with this now. I've been called a liar and crazy for saying this but I have always maintained that they have never taken their sights off prosecuting Paul Dale, they will go again.
How much is she getting paid
 
She's angling for a deal? imo meanwhile, Mokbel's almost ready to slide right out the doors at Barwon. They might even have to give his wig back.


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Her biggest saviour is covid. And all the others who have slid by in obscurity. What is happening in this state now combined with this and our history highlights how shady this all is.
Imo Mokbel should be released with all the others You can not lock people up without trial (although given curfew we've effectively done it)
 
They might also have to give Tony's Ferrari back with his wig.

REMY VARGA 6.22pm
Mokbel ‘victim of substantial miscarriage of justice’

Victoria Police should have informed Tony Mokbel and the courts of the informant status of Nicola Gobbo, according to counsel submissions to the royal commission.

As well, Mr Winneke has submitted that as well as failing to disclose Ms Gobbo’s role as informant, Victoria Police failed to take any steps to have matters of public interest immunity or considered by the state prosecutor, the office of the Victorian solictor or the courts.

“As noted above, cases will inevitably turn on their facts as to whether there wasa sufficient connection between the conduct of Ms Gobbo and Victoria Police members and the conviction upon trial of the accused, or the accused’s plea of guilty, to potentially result in a substantial miscarriage of justice,” he said.

Counsel assisting also submitted that Victoria Police had an obligation to ensure Mokbel’s right to a fair trial by making relevant disclosures over the role of Ms Gobbo.


Run n Spread
 

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TESSA AKERMAN 12.30pm
What the report will detail

The Lawyer X royal commission will release detailed recommended findings into Nicola Gobbo’s role as a police informer.
The report by counsel assisting the commission Chris Winneke QC is expected to also produce recommendations for commissioner Margaret McMurdo QC.

TESSA AKERMAN 5.45pm
No findings that Gobbo, cops committed offences

Royal Commissioner Margaret McMurdo will not make findings that any police officers or Nicola Gobbo may have committed criminal offences.
Before counsel assisting submissions were published on Tuesday, reasons for Ms McMurdo’s decision were released.

She said submissions made included contentions that she find “current and former Victoria Police officers and Ms Nicola Gobbo may have committed criminal offences”.

She also said submissions included that some police officers may have committed acts constituting breaches of discipline under the Victoria Police Act 2013.

Commissioner McMurdo said it was a matter for the Director of Public Prosecutions and public discussion of whether named individuals may have committed specific criminal offences in submissions or in her final report could unfairly prejudice any future trials.

Submissions have been made on behalf of Victoria Police and a number of individual current and former police officers, former Chief Commissioners Graham Ashton and Simon Overland and the Director of Public Prosecutions.

Counsel for Nicola Gobbo, Paul Dale, Francesco Madafferi, Tony Mokbel, Paul Mullet and Noel Ashby also made submissions.

TESSA AKERMAN 6.07pm
Gobbo’s role ‘should have been disclosed’

Counsel assisting Chris Winneke QC submitted members of Victoria Police “knowingly” encouraged Nicola Gobbo to act as counsel for an accused person, or condoned the behaviour, while knowing she was a source and “therefore not providing independent legal representation” and while she was covertly informing against them or had previously informed against them.

Mr Winneke also submitted Victoria Police failed to disclose to the accused, information or evidence which the accused might have challenged the admissibility of.

“It is submitted that such conduct, which includes the failure to take steps to protect the rights of accused persons to a fair trial, was inconsistent with the sworn duty of every police officer to discharge all duties imposed on them faithfully and according to law without favour or affection, malice or ill-will,” Mr Winneke submitted.


He said in many cases Ms Gobbo’s role as an informer and her specific conduct were relevant matters that should have been disclosed by police to the accused if the prosecution was to continue.

“If members of Victoria Police wished to suppress the identity of Ms Gobbo as a human source and her conduct, then that was a matter that called to be brought before the Court (potentially either by the DPP or the VGSO) for determination... Notably, over the relevant period there is no evidence that, in relation to any of the relevant cases, members of Victoria Police ever took steps to have Ms Gobbo’s status as a human source, or to have potential issues of public interest immunity or matters of state considered by the DPP or the VGSO and then possibly a court (prior to the institution of the AB v CD proceedings).”

Mr Winneke slammed Victoria Police for their conduct over the period.

“There were significant and repeated departures from acceptable conduct in the relationship between Ms Gobbo and Victoria Police, which have already had, and may continue to have, adverse consequences upon the criminal justice process,” he said.

“In other words, things have gone badly wrong.

“Because so many members of Victoria Police from the upper ranks to the lower have been involved in those departures, over such a protracted period of time, it is apt to look for reasons why.”

TESSA AKERMAN 6.35pm

‘Troubling behaviour’ within Victoria Police

Counsel assisting Chris Winneke QC submitted there have been several investigations and reviews into Victoria Police that were broader in scope than the commission, but pointed to enduring cultural and organisational issues that very likely caused or contributed to some of the events under inquiry by the royal commission.

“During the period under consideration in this inquiry, Victoria Police was itself well-aware of the risks and causes of ‘noble cause’ corruption,” he said.

He submitted some examples of “troubling behaviour which it appears the culture at the time condoned or did not prevent”, including the making of important decisions by some senior officers that were not recorded in minutes – “this appears to have been a deliberate decision”.

He also referred to records being “manipulated” which may have improperly concealed material which should have been disclosed to the Courts or accused people and efforts made to “cover up the use of Ms Gobbo as a human source”.

- “There were those who had a clear understanding that the conduct was wrong and pressed ahead anyway.”

TESSA AKERMAN 6.40pm

Use of Gobbo ‘noble cause corruption’ (Me: Pathetic but nice try)

Counsel assisting Chris Winneke QC has classed the use of Nicola Gobbo as “noble cause corruption” which potentially had “catastrophic consequences” for the criminal justice process.

“When one considers the entirety of the evidence the Commission has received, it appears that the high value of the information Ms Gobbo could and did provide justified, in the views of many members, at all ranks, both the obvious impropriety of using Ms Gobbo as a human source and keeping that fact hidden from the Courts, prosecution agencies and the accused persons to whom it should have been disclosed,” he said.

He said the underlying cause for the corruption was similar to other forms of corruption discussed in other inquiries

“Accordingly, if the underlying causes are not addressed then the same form of corruption in different forms will continue,” he said.

“If so, the criminal justice process and the citizens of this State will continue to pay the high price, in monetary terms and otherwise, associated with ongoing miscarriages of justice.

“Effective and scrupulous administration of justice will be undermined. So too will the public’s confidence in Victoria Police.”

 
REMY VARGA 6.46pm
Victoria Police apologise over Gobbo

Victoria Police has apologised for using criminal defence barrister Nicola Gobbo as an informant against her own clients, admitting it was “profoundly wrong” and an “indefensible interference” in the criminal justice system.

On the back of the Lawyer-X royal commission releasing thousands of pages in counsel assisting submissions, a Victoria Police spokeswoman said what happened with Ms Gobbo would never be repeated.

“It was an indefensible interference in the lawyer/client relationship, a relationship that is essential to the proper functioning of the criminal justice system and to the rule of law,” she said.

“Our failure at that time to ensure that these circumstances were identified and disclosed was also a significant and missed opportunity to right a wrong.”


TESSA AKERMAN - 7.12pm
Officers ‘sent message they could ignore rule of law’

Counsel assisting Chris Winneke QC slammed former Chief Commissioner Graham Ashton for possibly sending a message to officers that they can “ignore” the rule of law, following the fallout of the Lawyer X scandal.

Mr Winneke said Mr Ashton appeared in the media criticising the High Court’s decision and even suggested during the royal commission that the police’s actions were justifiable.

“On the evidence, it is open to the Commissioner to find that in his media interviews following the publication of the High Court’s decision and during the conduct of the Commission, as Chief Commissioner of Police, Mr Ashton expressed the view that the ‘pub test’ is a more acceptable standard of police conduct than what the rule of law requires,” Mr Winneke submitted.


- “[That Mr Ashton] sought to justify potentially corrupt activity by Victoria Police on the basis that “the ends justify the means”.

- “[That Mr Ashton] sought to avoid Victoria Police taking responsibility for the conduct of Victoria Police members which was correctly described by the High Court as atrocious and reprehensible.”


- “[That Mr Ashton] sent a message to Victoria Police members which might be understood by them to mean that they can safely ignore both the rule of law and the condemnation of the High Court and engage in ‘noble cause’ corruption, and in so doing may be responsible for perpetuating a culture in Victoria Police in which ‘noble cause’ corruption is acceptable.”

- “[That Mr Ashton] failed to discharge his responsibility to ensure that Victoria Police members act ethically and in scrupulous compliance with the law.”

 
On Listennotes. Starts at 2.06.

The council assisting the Lawyer X royal commission has released a damning report into one of Victoria's biggest legal scandals. Anthony Dowsley joins the show to go through the findings. Meanwhile Kieran Rooney outlines the latest political maneuvers around the lockdown.

 
Mokbel has made his first appearance.

 
What is so important about Mr White, Fox, Green et al when practically everyone else has been named?

so there is nothing important about them, I’ve been told by lawyers involved that if you hear their names you wouldn’t recognise them at all & even they are surprised some are redacted.

it all comes down to protecting the identity of those who work/worked in such a secret area.
Nothing more, nothing less.
 
Just listened to Episode 8 and there is still a lot to be told. The cyber spying and phone access on her lawyer was disturbing.

Very good listening that episode,
A shame more lawyers weren’t willing to go on record though, although they did get to interview Nicholas Ibrahim which was a good pull & interesting to hear from.
 

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