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Lawyer X: Former top cop at ‘epicentre’ of Victoria Police misconduct
The commission investigating criminal barrister Nicola Gobbo has found three criminal offences may have been committed by Victoria Police members and has firmly pointed the finger at former top cop Simon Overland for his part in the Lawyer X scandal.
Naomi Neilson
Former Victoria Police Chief Commissioner made headlines along with the commission investigating barrister-turned-police snitch Ms Gobbo for her claim that he was “evil and dishonest”. He again finds himself at the centre of the Victoria Police controversies as new submissions claim that he breached obligations under the Victoria Police Act.
In terms of a redacted client, counsel assisting submitted that it was open to make the finding that Mr Overland became known of Ms Gobbo’s representation, “Victoria Police was using Ms Gobbo to encourage Mr Thomas to make admissions, enter a plea and to implicate his associates, or alternatively to allow Ms Gobbo to do so”.
On the facts before the commission, the lawyers pointed to three criminal offences the current and former members of Victoria Police may have committed: misconduct within public office; perverting the course of justice; and aiding, abetting or procuring Lawyer X to obtain property by deception or obtain financial advantage by deception.
Lawyers for Mr Overland claimed that the submissions had “abandoned any attempts” to present a balanced, comprehensive or reasoned view of the evidence.
“The findings counsel assisting invited this royal commission to draw in relation to Mr Overland are simply not sustainable. They are findings without a proper basis, based on grossly inadequate (and at times non-existent) evidence and conjecture and would, if made, not only amount to breach of Mr Overland’s entitlement to procedural fairness, but also be fundamentally wrong and a betrayal of the search for the truth,” they said.
Along with Mr Overland, counsel assisting named former Purana Taskforce leader Jim O'Brien, commander Stuart Bateson, detective inspector Gavan Ryan, superintendent Jason Kelly, inspector Dale Flynn and retired superintendent Tony Biggin. Ms Gobbo’s handlers Mr White, Mr Black, Mr Green and Mr Smith were also mentioned.
In Ms Gobbo’s response, her lawyers claimed that Victoria Police were prepared to lie and manipulate Ms Gobbo “to their end” and added that the conduct of the current and past officers should be seen “in the context of their leadership at the time”.
“The evidence demonstrates that the Source Development Unit and investigators were acting in line with commands and following the behaviour of the leadership – of which Mr Overland was at the epicentre. At least some of those police officers such as Sandy White, Mr O’Brien and Mr Biggin have accepted their responsibility for these events,” Ms Gobbo’s lawyers said.
Victoria Police have taken responsibility for its failings and have accepted that the way in which Ms Gobbo was managed as a human source resulted in profound interference between lawyer and client. It has not shied away from individual accountability but has requested that the examination does not “unfairly tarnish” any current officers.
“The consequence of the failing is resonating through the criminal justice system and will do so for many years. It has come at a very high cost to the organisation, to public confidence and to the criminal justice system,” their submission read. “Victoria Police apologises to the courts whose processes were impacted by what occurred.”
Catch up with Lawyer X:
- DPP cautions commission against ‘factual findings’ of Lawyer X conflicts
- Lawyer X: Counsel Assisting submissions detail legal breaches, wrongdoing
- Lawyer X and Paul Dale: The story of dirty tricks, cover-ups and corruption
- Lawyer X: The informing, the lies and the year of inquiry
- ‘Hostile, inconsistent’: Major legal bodies on Lawyer X informing
- ‘The entire ethics of this was wrong’: Lawyer X admits to royal commission
Naomi Neilson
Naomi Neilson is a senior journalist with a focus on court reporting for Lawyers Weekly.
You can email Naomi at:
