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Lawyer X inquiry LIVE: Nicola Gobbo commission releases final report

Marissa Calligeros, Tammy Mills and Chris Vedelago
Updated ,first published

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Pinned post from 3.42pm on Nov 30, 2020
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A summary: The final report

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If you're just joining us, here is what you need to know about the royal commission's final report into notorious barrister-turned-police-informer Nicola Gobbo, and the role of Victoria Police in the legal scandal arising from Melbourne's bloody gangland war.

  • The commission, led by former judge Margaret McMurdo, has recommended the establishment of a special investigator to consider whether criminal charges should be brought against current and former members of Victoria Police, as well as Ms Gobbo herself.
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  • The final report, which is four volumes long and runs to more than 1000 pages, is a stinging indictment of the conduct of Victoria Police and their most prolific informer.
  • Some of Victoria's most distinguished crime fighters from its current and former ranks could be referred to the special investigator and face prosecution.
  • The convictions or findings of guilt of 1011 people may have been affected by Victoria Police's use of Ms Gobbo as a human source. The commission has released the names of 124 affected people, of which around 70 are still in jail.
  • The commission could not conclusively determine whether 12 other "potential Gobbos" - legal professionals with obligations of confidentiality or privilege - may have inappropriately provided information against clients and others, because Victoria Police has kept secret 11 human source files. It has called on the government to appoint an independent auditor to get to the bottom of the enduring question.
  • Interestingly, the commission has stopped short of recommending a total ban on using lawyers as informers.

Read more about the commission's full findings here.

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The saga is far from over

By Chris Vedelago and Marissa Calligeros

This brings our rolling coverage of the royal commission's final report to an end. But the handing down of the report is not the end of the Gobbo saga.

Apart from the looming appointment of a special investigator to examine whether criminal charges should be laid against Nicola Gobbo or Victoria Police, there remains a significant and growing number of appeals against convictions for former Gobbo clients.

Nicola Gobbo, the former barrister who became a police informer.

At least five appeals are already under way, and more are expected to follow in the wake of the royal commission's findings.

And two former Gobbo clients who have already had their convictions quashed, Faruk Orman and Zlate Cvetanovski, are the spearhead for a number of "affected persons" who will also seek financial compensation from the state government after spending years in prison.

Be sure to sign up to our morning newsletter for our complete coverage of the commission's report and its implications.

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There could be more than 1011 tainted cases

By Chris Vedelago

The commission is satisfied that 1011 people have cases that may have been affected by Victoria Police's use of former barrister Nicola Gobbo as a human source.

But the commission’s findings do not exclude the possibility that other cases may have been affected by Victoria Police’s use of Ms Gobbo as a human source.

The commission is satisfied that from the time of Ms Gobbo’s third registration as an informer through to when Victoria Police stopped receiving information from her in 2010, some of the risks were obvious and known, or at least should have been known, to police, including that:

  • the use of Ms Gobbo as a human source may be disclosed, either through court processes or otherwise;
  • at least a proportion of the information she provided to Victoria Police in relation to her clients was likely to be confidential or privileged; and
  • miscarriages of justice might eventuate from the use of a lawyer as a human source to inform on their own clients.

The commission does not accept that Victoria Police acted with appropriate speed to:

  • inform itself of the scope of the problems arising from Ms Gobbo’s use, by reviewing all information she provided to police and determining whether and how that information was used in investigations and prosecutions; or
  • alert external oversight bodies or prosecuting authorities about the extent of the potential problem

The commission says the approach Victoria Police took demonstrated a reluctance to accept responsibility for what had occurred and to be fully transparent about the size and scope of the problem.

Police will cooperate with special investigator: Patton

By Paul Sakkal

Victoria’s Chief Police Commissioner, Shane Patton, has said police will cooperate with a special investigator appointed to assess whether officers committed crimes in their dealings with supergrass Nicola Gobbo.

Disciplinary action will be left to the special investigator and police will not pre-emptively suspend or sack officers named in the commission's final report, he said.

The police chief said the royal commission into police’s use of gangland lawyer Ms Gobbo as an informer has so far cost police $61 million.

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The Nicola Gobbo, Lawyer X scandal explained

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Let me draw your attention to a piece by legal affairs reporter Tammy Mills who has closely followed the royal commission for two years, and the Gobbo affair for even longer.

In it, Tammy answers the question: What on earth is the Nicola Gobbo story all about?

She looks at why have police fought so hard to keep elements of this scandal secret, how it all came to light and what this means for Gobbo's former clients.

Read more here.

This is not the Gobbo scandal: lawyer Ruth Parker

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Criminal defence lawyer Ruth Parker says she no longer uses the name Gobbo to describe the legal scandal that has engulfed Victoria Police.

She now calls this the "Purana scandal" after the taskforce that recruited Gobbo in a desperate bid to end Melbourne's bloody gangland war.

Ms Parker, from Galbally Parker Lawyers, represented former Gobbo clients Faruk Orman and Zlate Cvetanovski who succeeded in having their convictions quashed this year. Both men walked free from jail after more than 10 years behind bars.

Faruk Orman, with his lawyers Ruth Parker, left, and Carly Lloyd, right, on the steps of the Supreme Court after his release from prison.Eddie Jim

"Gobbo may have been the cover story. But she is one person. Purana were many. They were the most powerful and well-funded taskforce within the Victoria Police at the time. They were touted as heroes in the gangland war. Now their legacy will be determined by what they did and what they never wanted us to know about," she writes for The Age today.

Where is Nicola Gobbo now?

By Tammy Mills

In short, we don't know where Ms Gobbo is, as she's in hiding.

She first emerged from hiding for an interview in December last year with ABC's 7.30 program, but her location was never revealed.

Nicola Gobbo pictured in 2010.Joe Armao

Ms Gobbo gave evidence to the royal commission over two days in February this year, from an unknown location over the phone after her lawyers won her the right to hide her face.

The fact that she remains in hiding makes the practicalities of charging her over any criminal conduct difficult. She may well sue Victoria Police again too.

In her first lawsuit in 2010 she asked for $20 million in compensation and received a $2.88 million settlement after her double life imploded. Ms Gobbo was turned from informer to witness (meaning she'd have to publicly give evidence in court) in the failed case against Paul Dale for the murders of Hodson, who was also a police informer, and his wife Christine.

The Age reported earlier this year that Ms Gobbo has already briefed a legal team to launch fresh civil action.

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Police chief Shane Patton's full statement

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Here is Shane Patton's full statement in response to the royal commission's findings:

I would like to make clear today Victoria Police’s absolute acknowledgement that the management of Nicola Gobbo as a human source and the manner in which the information she provided was used, was a profound failure by our organisation that must not, and will not, ever be repeated.

As Victoria Police has previously stated, it was an indefensible interference in the lawyer-client relationship that is a fundamental requirement for the proper functioning of our criminal justice system.

Victoria Police Chief Commissioner Shane Patton.Eddie Jim

Victoria Police has a proud history of keeping the community safe, built on the foundations of mutual respect and trust. This was a breach of that trust.

Gobbo acted in the interests of Purana taskforce

By Tammy Mills

If you're a Melburnian – or a fan of the TV series Underbelly – chances are you're familiar with the anti-gangland Purana taskforce.

The commission's report says Nicola Gobbo represented the interest of the gangland taskforce, rather than her clients, particularly when it came to a couple of key underworld turncoats.

Then-Senior Sergeant Stuart Bateson leads members of the Purana taskforce away from Melbourne Magistrates Court in 2003.Michael Rayner

One of them, whose real identity cannot be revealed, was the first of the gangland criminals to "break the wall of silence" and turn police witness.

Known as "Mr McGrath" during the commission, the evidence he gave was valuable against the likes of notorious gangland boss Carl Williams. Ms Gobbo represented Mr McGrath after he was arrested.

Gobbo: Who is she really?

By Tammy Mills

The commission's final report also explores why and how Nicola Gobbo became an informer.

The patterns of behaviour, Commissioner Margaret McMurdo noted, were discernible even at the early stage of her involvement with police from 1995 to 1999.

"Her motivation was in part self-protective," the report says.

Nicola Gobbo during an interview with the ABC's 7.30 program last year.ABC

In 1995, Ms Gobbo was first registered as an informer while she was still studying law at Melbourne University after she supplied information to police about her boyfriend, who was under investigation for drug trafficking.

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Patton announces new taskforce to respond to Gobbo scandal

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Victoria's police chief Shane Patton has announced a new taskforce will be established to respond to the findings of the royal commission.

In responding to the scathing report released by Commissioner Margaret McMurdo today, Mr Patton acknowledged the Gobbo scandal was a "profound failure by our organisation". Mr Patton's predecessor Graham Ashton has been slammed by the commission for failing to act on the matter back in 2011.

Victoria Police Commissioner Shane Patton. Justin McManus

"It must not and will not happen again," he said, adding the action of police were an "indefensible interference of the lawyer-client relationship".

However, Mr Patton disputed suggestions that Victoria Police had justified their use of Ms Gobbo as an informer at a time when they were desperate to end Melbourne's bloody gangland war. He insisted police have never said the "ends justified the means".

The new taskforce - dubbed Taskforce Reset - will address all the matters raised in the commission, Mr Patton said.

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