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Lawyer X takes the stand: What Nicola Gobbo has already said and what to expect
Following months of evidence and statements stacked against the barrister-turned-police snitch, Nicola Gobbo is finally due to front the royal commission and explain her own side of events that saw her informing on her own clients to Victoria Police officers. Before she does, Lawyers Weekly looks back on what she has already said and predicts what’s next.
Naomi Neilson
Getting Ms Gobbo to the stand has been a long process. The commission has tried again and again to have her front the commission, but each attempt was squashed by counsel insisting on more time. There is still the possibility her counsel will attempt to push back against the commission because they still believe she is too unwell to speak.
Arguably, this contradicts her recent behavior – in early December, Ms Gobbo seemed to have little trouble telling her story to ABC’s 7.30 program. To finish, Ms Gobbo told ABC’s journalists that there is “obviously a lot I am keen to say” to the commission.
Ms Gobbo’s concern during this interview – outside of the possibility her children could be taken away from her if she returns to Australia due to the risk they are in – is how Victoria Police treated her, both during and following her registration. Her primary concern is with former assistant-and-then-chief commissioner Simon Overland.
This is highly likely to be discussed during her evidence. In transcripts released early this year by the commission of three separate phone conversations between Ms Gobbo, some counsel assisting and commissioner Margaret McMurdo, the barrister said Mr Overland is “evil, corrupt and dishonest” and takes issues with the “upper echelons of the force”.
She said she believed Mr Overland was involved in the decision to have her registered – and in all major decisions since, such as asking her to be a witness in Paul Dale’s trial. In her call, she said: “It was because the handlers made it clear that, or [had given me] the impression the facts of my involvement went right to the top.”
In his evidence, Mr Overland rejects having any involvement in Ms Gobbo’s informing but we are expecting a much different perspective when Ms Gobbo takes the stand. She may also take issue with other senior leaders, such as pseudonym officer Sandy White. In her phone call, she said he asked her to engage in a sexual relationship with Carl Williams.
Other than the senior members of Victoria Police – and some of her handlers, detectives, investigators and controllers – Ms Gobbo will need to disclose what the motivation behind informing on her own clients was and why she willingly breached confidentiality.
In her ABC interview, Ms Gobbo said the way in which she disclosed information to police was not against legal professional privilege. She gives a convoluted example in which the client tells her about a crime that was about to be committed by another person – because her client wasn’t directly involved in the upcoming crime, she was allowed to tell.
This contradicts her telephone conversation with the commission. She told commissioner McMurdo and counsel Chris Winneke that she trusted Victoria Police would handle what she was saying in confidence and use what was not subject to legal professional privilege.
Ms Gobbo revealed she was “absolutely paranoid”, especially in her first few years as a human informer. Police “made it clear to me they didn’t trust me and they would test me,” she told Mr Winneke, and it prompted her to tell them “every single detail”.
On top of this, Ms Gobbo is also expected to address key moments during her registration and work with investigators, including Office of Police Integrity hearings, why she did not approach legal support, working with Tony Mokbel and the specifics to her informing.
Lawyers Weekly will be in attendance for her hearings, due to begin on Tuesday morning. To follow along with our live updates, check out the live blog here.
Naomi Neilson
Naomi Neilson is a senior journalist with a focus on court reporting for Lawyers Weekly.
You can email Naomi at:
