Lawyer X: The cases, charges and consequences of Nicola Gobbo
With the justice system likely to edict hundreds of appeals, overturned convictions and possible criminal charges as a result of Nicola Gobbo’s human informant role, Lawyers Weekly has tracked the cases that may appear in the courtrooms soon.
The consequences of enlisting a criminal barrister to inform on her own clients to police are about to be realised as gangland figures prepare their appeals and lodge intentions to contend that Ms Gobbo and Victoria Police compromised their right to a fair trial.
Referring to the documents, current appeals and information gleaned from the RCMPI, Lawyers Weekly has compiled a list of cases likely to be reheard. With hundreds likely to appear before the appeal courtrooms, the below cases are only the most high profile and will be updated as new information and new appeals come to light.
Tony Mokbel
Arguably the highest-profile figure to have been put behind bars with the assistance of Ms Gobbo’s informing, Tony Mokbel has a strong case for arguing that the arrest and trial that resulted in his 30-year sentence were direct results of his legal representation.
It was Ms Gobbo’s desire to see Mr Mokbel behind bars that led to her first connection with Victoria Police and she worked closely with them until his arrest to ensure that the charges were laid. The RCMPI’s counsel assisting documents submitted that she was representing him during the time she was informing on him, and after his arrest.
For example, Mr Mokbel was arrested in Greece in June 2007, secured with the details of his operation provided by Ms Gobbo. In July 2007, Ms Gobbo marked fees for brief of advice and conferred on his extradition material. While she may not have appeared for him in future trials, Ms Gobbo continued to communicate with him professionally.
Mr Mokbel is appealing drug trafficking charges connected to Ms Gobbo.
Simon Overland
Switching over to Victoria Police, counsel assisting submitted that former top cop, and the then-assistant commissioner, Simon Overland was aware of and supported using Ms Gobbo to gather information on her own clients to lead to their arrests.
Counsel assisting submitted that Mr Overland and several other officers involved were open to criminal charges that include misconduct in public office, perverting the course of justice and aiding and abetting in procuring Lawyer X to obtain property.
There are no current charges against Mr Overland.
Paul Dale
Former detective Paul Dale approached Ms Gobbo for legal advice after he was found (wrongly) to have been involved in the murder of another police informant, with officers theorising that he was working with gangland figure Carl Williams. The charges did not result in conviction but the damage by Ms Gobbo had already been done.
Wearing a wire, Ms Gobbo obtained information from Mr Dale that would implicate him in the charges. While Ms Gobbo insisted that this conversation was not obtained under legal professional privilege and her duties to confidentiality, Mr Dale said that he was under the impression that they were a lawyer and client.
Mr Dale intends to launch legal action against Ms Gobbo and Victoria Police.
Rob Karam
In 2007, Ms Gobbo obtained a bill of lading from former client Rob Karam that led the police to make one of the world’s greatest ecstasy busts. Over the space of a year, 33 individuals were arrested and charged with various offences relating to the operation – 10 of which were represented by Ms Gobbo in the following trials.
Following Mr Karam’s arrest and conviction, it was clear that Ms Gobbo had continued to represent him, on related charges and on others. Lawyers for the commission said it was also important to note that Ms Gobbo had represented him in a prior importation case where he would “start talking about other things” with her.
Mr Karam is currently appealing over Ms Gobbo’s role in his conviction.
Jan Visser
Drug trafficker Jan Visser spent 11 years behind bars for his part in the ecstasy import. Prosecutors in his trial accepted that without Ms Gobbo’s involvement with the police, Mr Visser could have avoided detention along with his associates.
Mr Visser asserted that Ms Gobbo provided information to police about his associates, the bill of lading and that she assisted the AFP in the surveillance of his movements, collected through telephone intercepts and telephone devices. Material before RCMPI “supports the general effect of those assertions”.
Mr Visser has appealed his conviction and is awaiting a decision.
Zlate Cvetanovski
In 2006, Zlate Cvetanovski was convicted by a jury after Ms Gobbo encouraged a drug cook client to give evidence against him, following an arrest over a drug lab. Ms Gobbo had helped direct police to the location of the lab despite confidentiality duties.
Mr Cvetanovski’s appeal was based partly on the idea that his trial lawyers may have tried to exclude the evidence of the person who had made the statements against him had Ms Gobbo’s role as a human informant had been known at the time.
Mr Cvetanovski was eligible for parole in August 2020 but continued with the appeal – the decision is not yet known.
Pasquale Barbaro
In another of the ecstasy bust arrests, Pasquale Barbaro was handed a life sentence, with police insisting that he was the “mastermind” behind the crime. Mr Barbaro argued that the bill of lading handed to police directly affected his case and his conviction.
Mr Barbaro lodged his appeal with the Victorian Court of Appeal in August 2020.
Francesco Madafferi and others
Over the 33 arrests, Francesco Madafferi appealed the conviction from his role in the ecstasy importation but was told by Commonwealth prosecutors that he is “confused” about the connection of Ms Gobbo to his case. However, for his lawyers the evidence was obvious.
He – along with the above – has appealed the convictions. Other co-conspirators John Higgs, Saverio Zirilli, Carmelo Falanga and Salvatore Agresta have also appealed.
Naomi Neilson
Naomi Neilson is a senior journalist with a focus on court reporting for Lawyers Weekly.
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