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‘Lawyer X’ Nicola Gobbo must appear before royal commission

‘Lawyer X’ Nicola Gobbo fails in her bid to avoid appearing before a Royal Commission after claiming she was too sick

  • Lawyer X Nicola Gobbo has been ordered to give evidence at royal commission 
  • Commissioner Margaret McMurdo did not accept her excuse she was too ill 
  • Gobbo must give evidence over short periods, with cross-examination limited 

A police informer known as Lawyer X who ratted on gangsters has been ordered to give evidence at a royal commission despite claiming she is too sick.

Commissioner Margaret McMurdo today ordered Nicola Gobbo to give evidence over the phone on 29 January next year.

Ms Gobbo must give evidence over short periods, with cross-examination limited to accommodate her health issues and safety concerns. 

Commissioner Margaret McMurdo today ordered Nicola Gobbo (pictured) to give evidence on 29 January next year

But the commissioner said she had ‘no confidence’ Ms Gobbo would comply.

If Ms Gobbo refuses to give evidence, the commission can ask for her to be charged under the Inquiries Act, with a possible maximum jail sentence of two years. 

In case Ms Gobbo does not comply, the commissioner has ordered the release of transcripts of the lawyer speaking with her and her staff on the phone as backup evidence.

Ms Gobbo, who helped jail several high-profile criminals, claimed she is not mentally fit to give evidence.

The commissioner accepted the former barrister did have mental and physical health issues but believed they were not sufficient to avoid giving evidence.

‘The commission is willing to take her evidence over short periods, by telephone to accommodate her medical conditions,’ Ms McMurdo said.

The medical opinions on Ms Gobbo’s ability to give evidence were based on the accuracy of what she told her medical practitioners, the commissioner added.

Ms Gobbo (pictured with underworld figure Tony Mokbel) claimed she is not mentally fit to give evidence

Ms Gobbo (pictured with underworld figure Tony Mokbel) claimed she is not mentally fit to give evidence

‘Whilst I accept she is very unwell, I am cognisant of the fact in evidence before this commission she told her handlers of her preparedness to falsely use her medical conditions to improperly obtain an adjournment of a case to suit her own needs,’ Ms McMurdo said.

Ms Gobbo’s lawyer Rishi Nathwani had argued she was too unwell, both mentally and physically, to give evidence at the commission. 

The Royal Commission into the Management of Police Informers began last year to probe police use of Ms Gobbo as an informant during Melbourne’s bloody gangland war. 

Several of the criminals she helped to jail may be released if it is found their trials were not fair.

How Nicole Gobbo went rogue 

1995: Ms Gobbo is arrested over drug offences and is registered with police an an informer

2003:  She meets with a Detective Sergeant of the Purana Taskforce and begins ratting on her clients

2004: Terrence Hodson and his wife Christine are shot dead in their Kew East home. Policeman Paul Dale is implicated

2005: Gobbo becomes aware of high-level drug trafficking, money laundering, witness tampering, firearm offences and works to bring them down

2005-2007: Gobbo informs to police practically every day generating about 5,500 information reports to police.

2008: Gobbo covertly tapes a conversation with the former drug squad detective 

2009: Assistant Commissioner Simon Overland  decides to utilise Gobbo as a witness against Dale and her world falls apart

2010: Gobbo sues Victoria Police for exposing her and settles for $2.9 million 

2014: Gobbo writes to police outlining her fears that the media was about to expose her. She was right

2014: The Independent Broad-based Anti-Corruption Commission investigates her snitching

February 2015: IBAC make 16 recommendations to Victoria Police, including to improve its policies, systems and practices for the management of human sources.

June 2015: Gobbo writes to police telling them she was motivated by altruism rather than personal gain

2018: A royal commission into how police deal with police informers is announced

2019: Gobbo is exposed as Informer 3838 as the royal commission into how police handle informers like her are treated. Court imposed gag orders protecting her identity are lifted

WHY NICOLA GOBBO’S NAME WAS SUPPRESSED FOR FIVE YEARS 

Victoria Police fought for five years to keep the identity of Lawyer X – now outed as Nicola Gobbo – secret to protect her from harm.

After ratting out some of Australia’s most notorious gangland criminals, the police feared that she may face revenge attacks if her name was made public.

A suppression order was put in place by a court back in 2014 – just as the Herald Sun newspaper was set to name her – and it was finally lifted in 2019, allowing her identity to be revealed.

The High Court of Australia ruled in February this year that ‘public interest in preserving Lawyer X’s anonymity must be subordinated to the integrity of the criminal justice system’.

In layman’s terms, that means criminal barrister Ms Gobbo damaged the legal system’s reputation so badly by dobbing in her clients that her safety has been set aside to repair that damage.

Victoria Police do not believe the suppression order should have been lifted, with Chief Commissioner Graham Ashton saying on Thursday that the force has a duty to protect Ms Gobbo.

‘(We must) do everything we can to ensure they don’t incur any risk to their safety, and all the assessments in relation to Lawyer X showed there were significant safety risks.

‘This will be broadcast very broadly. People will see her face in the paper or in electronic media, and they’ll know what the person looks like, so from the point of view of recognising people in the street … it becomes another layer we have to look at.’

 

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