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Lawyer X informer role ‘unthinkable’, says Victoria Police legal services director

The legal services director of Victoria Police said it was “unthinkable” that police used a criminal barrister as an informer and was “disappointed” they didn’t seek his advice.

user iconNaomi Neilson 31 January 2020 Big Law
Lawyer X informer role
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Director of legal services Fin McRae told the Royal Commission into the Management of Police Informants (RCMPI) that despite working in close proximity with the seniority of Victoria Police, he did not learn about barrister Nicola Gobbo until June 2009.

When he started at Victoria Police, it was in a relatively new role. He was charged with establishing a legal department that had thus far been employed by serving members of the force and were first and foremost police officers rather than legal professionals. As such, he quickly introduced himself and offered legal assistance.

However, despite starting just a year after Ms Gobbo, he found no records or evidence investigators approached anyone resembling a legal professional during this time. He said that had he known about her informer role, he would have “put a stop to it”.

Asked about what he thought about Ms Gobbo’s snitching relationship with police, Mr McRae said it was “unthinkable” and agreed it was “extraordinarily troubling”, adding: “I think it’s inconsistent with what I would view a defence barrister’s role.”

Mr McRae said when he finally learnt of Ms Gobbo’s informer role, he “engaged a very strong legal team” to prepare for the potential fallout, including her following lawsuits.

When Mr McRae learnt investigators approached the Victorian Government Solicitor’s Office (VGSO), he was not apprised of it until the “wheels fell off”. That is, when officers conflicted with Ms Gobbo about going into witness protection.

“When she wouldn’t go into witness protection, they came back,” he noted. “I get a bit upset about this. When I say the wheels fell off, they should have come to me earlier with this [news]. When I found out VGSO had spent all that time, I was disappointed.”

RCMPI counsel Chris Winneke asked Mr McRae about how senior investigators would take it upon themselves to redact material or, in some cases, not hand over pages or notes because they themselves considered it to be subject to public interest immunity.

When asked if it surprised him, Mr McRae said: “Nothing surprises me. Especially out of this matter. If that’s occurred, I wouldn’t be surprised. I’d be disappointed.”

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Naomi Neilson

Naomi Neilson

Naomi Neilson is a senior journalist with a focus on court reporting for Lawyers Weekly. 

You can email Naomi at: This email address is being protected from spambots. You need JavaScript enabled to view it.

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