Mokbel conviction quashed over Lawyer X
The Court of Appeal has quashed one of drug kingpin Tony Mokbel's convictions over the Lawyer X scandal.
In a surprise move in court on Tuesday morning, Justices Chris Maxwell and David Beach set aside Mokbel's conviction for importing a commercial quantity of cocaine.
Mokbel, 55, is still serving time on other drug charges.
The Commonwealth conviction was quashed after the Commonwealth Director of Public Prosecutions conceded Mokbel's leave for appeal should be granted and the conviction set aside.
Rowena Orr, QC, lawyer for the Commonwealth, said the director would not pursue a retrial.
"The director has already determined in this matter to not conduct a retrial," Ms Orr said.
"Given that the applicant has served his sentence, the director has made that determination."
Justice Maxwell said the question of a retrial had not yet been decided.
"We reserve for further consideration, the question of whether following that quashing, there should should be an order for retrial or an order for a verdict of acquittal be entered," he said.
Mokbel's lawyer Ruth Shann told the court the conviction should be set aside due to the involvement of gangland barrister and police informer Nicola Gobbo, dubbed Lawyer X.
Between September 16, 2005, and March 21, 2006, Ms Gobbo was acting as a police informer and representing Mokbel for charges he was facing over Operation Paddle, Ms Shann said.
A slimmed-down Mokbel, wearing a black suit and tie, appeared via video link from Barwon prison.
He shook his head when Ms Orr said despite the Commonwealth backdown, the case against him had been an "overwhelming prosecution case" and there remained sufficient evidence to justify conviction.
He was sentenced to a maximum 30 years in prison in 2012 after pleading guilty to three charges of large-scale drug trafficking.
Mokbel is also appealing charges related to operations codenamed Quills, Orbital and Magnum, because of Ms Gobbo's alleged involvement.
No decision has been made on those matters. Mokbel's lawyers and the Victorian Director of Public Prosecutions are negotiating what they will agree on ahead of another hearing at the end of January.
More to come.
Chris Vedelago is an investigations reporter for The Age with a special interest in crime and justice.
Tammy Mills is the legal affairs reporter for The Age.