Underbelly conviction in doubt: Drug kingpin Tony Mokbel may not have got a fair trial because it was 'interfered with' by his supersnitch lawyer
- Tony Mokbel may have received an unfair trial when he was sentenced to prison
- His lawyer, Nicola Gobbo, doubled as a police informant during his sentencing
- She was known as 'Lawyer X' and is accused of 'snitching' on many of her clients
- Head of inquiry would not comment on whether she and police acted criminally
Tony Mokbel may not have received a fair trial when he was sentenced to prison on drug trafficking charges because of his lawyer's double life as a police informer.
The head of an inquiry into the Lawyer X scandal, which saw a high-profile lawyer double as an informant, made the conclusions in a 2,000-page report which was released on Tuesday.
Mokbel had a professional relationship with lawyer Nicola Gobbo from early 2002, and he believed their conversations were subject to legal privilege.
'It was submitted that Ms Gobbo failed to disclose to Mr Mokbel her personal relationships with witnesses (both civilian witnesses and police officers),' the submission read.
'It was submitted that the circumstances in which Mr Mokbel was convicted of each charge gave rise to a substantial miscarriage of justice.'
Nicola Gobbo and drug lord Tony Mokbel were once close. She had acted as his lawyer but doubled as a police informant
Counsel assisting argued Victoria Police had an obligation to offer Mokbel a right to a fair trial, which included informing him or the court that his lawyer was a 'human source' in the investigation, Herald Sun reported.
During the inquiry, Commissioner Margaret McMurdo received recommendations that both Gobbo and Victoria Police should be the subjects of a criminal investigation.
Submissions by Chris Winneke QC, counsel assisting the royal commission into Ms Gobbo's informing, were released on Tuesday night.
'The submissions included contentions that I should find various named current and former Victoria Police officers and Ms Nicola Gobbo may have committed criminal offences,' Ms McMurdo said.
'I decided not to make findings in my final report, which will be publicly available, that any named individuals may have committed criminal offences.'
Tony Mokbel was stabbed almost to death inside jail. He hopes that he will soon be let free due to the meddling of his then lawyer Nicola Gobbo
Nicola Gobbo, who went into hiding, acted as a police informant while representing some of Victoria's hardened criminals
The documents also include separate submissions from Victoria Police, former chief commissioners Simon Overland and Graham Ashton, Ms Gobbo and drug kingpin Mokbel.
But the sections naming individuals who may have committed criminal offences or breached Victoria Police legislation will be blacked out.
Ms McMurdo said a decision around criminal charges was for Victoria's Director of Public Prosecutions, Kerri Judd QC.
Public discussion could unfairly prejudice future trials and the contentions made in submissions 'will be detrimental to the reputations of those named', she said.
Ms Gobbo was registered as an informer three times, her longest stint between 2005-09 when she helped police bring down a number of her former clients, including Mokbel and killer Carl Williams.
Mokbel is one of nearly a dozen people currently appealing convictions they claim were tainted by Ms Gobbo's informing.
Ms Gobbo was registered as an informer three times, her longest stint between 2005-09 when she helped police bring down a number of her former clients, including Mokbel and killer Carl Williams
Mokbel spent 15 months on the run after fleeing his 2006 drug trial, in which more than 15 million pills hidden in tomato cans from Italy
He spent 15 months on the run after fleeing his 2006 drug trial, in which more than 15 million pills hidden in tomato cans from Italy.
Evidence suggests both federal and state prosecution agencies knew Ms Gobbo was working as an informer during the trafficking case.
Zlate Cvetanovski was freed on bail while he awaits his appeal, after spending almost a decade in jail, while Faruk Orman had his murder conviction quashed by Victoria's Court of Appeal last year.
Victoria Police sensationally apologised for the gangland barrister's involvement as a police informant, and said steps had been taken to ensure it could 'never happen again'.
'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,' a police spokeswoman 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.'
'We have taken steps to make sure that what happened with Ms Gobbo can never happen again.'
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