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Lawyer X inquiry finalises suppression order fight
The royal commission investigating criminal barrister Nicola Gobbo’s double-crossing with Victoria Police has sought to make variations to over 60 suppression orders in an attempt to lift the lid on the scandal before the final report is due.
Naomi Neilson
The Victorian Court of Appeal granted commissioner Margaret McMurdo’s application to vary 52 historical suppression orders in respect of approximately 30 affected people relevant to the Royal Commission into the Management of Police Informants (RCMPI).
The variation will allow commissioner McMurdo to consider for herself which of these matters should and should not be included in publicly available versions of the counsel assisting’s closing submissions, which the commission said will be circulated to police shortly and be published in the final report, due to be delivered 30 November 2020.
“The effect of the variation is to carve the commission out from a requirement to comply with the historical orders,” said a statement from the commission. “The commissioner, however, may now have to consider for herself whether it is necessary or appropriate to make non-publication orders to protect sensitive information.”
In its submission before the Court of Appeal on Tuesday, 23 June the court heard that the royal commission “endeavoured as much as possible to adhere to open justice” and would continue to do so in its reporting over the rest of the year. It also submitted that due to the suppression orders being made between 2002 and 2013, it is likely circumstances “that existed at the time those orders were made had changed”.
It was also heard that the Commonwealth Department of Public Prosecutions (CDPP) said each suppression order should be reviewed on its own merit and the court should consider circumstances surrounding particular individuals as it stands currently.
Individuals who are affected by the variation will have the opportunity to make further submissions to seek a non-publication order under commission orders.
Victoria Police sought to hide the identities of some underworld figures, noting that the purpose of secrecy is to protect the informers and their families from harm but to also safeguard the force’s informer program so that people continue to cooperate.
Naomi Neilson
Naomi Neilson is a senior journalist with a focus on court reporting for Lawyers Weekly.
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