Supergrass lawyer puts convictions in doubt
Convictions of some of Victoria’s most notorious criminals, including drug lord Tony Mokbel, may be in jeopardy over what Australia’s highest court has labelled ‘‘atrocious’’ and ‘‘appalling’’ breaches by police and a supergrass lawyer.
It was revealed yesterday the lawyer was telling police about her criminal clients at the same time as she was representing them, potentially throwing casting doubt on the appropriateness of their convictions.
While Mokbel and six of his associates are linked to the informant, about 50 serious criminals may be affected, including Pasquale Barbaro, who was jailed for life for his key role in importing 15 million pills hidden in tomato tins, which in 2007 was hailed the world’s biggest ecstasy bust.
The High Court of Australia was scathing of the way police and the lawyer, named as EF, handled the cases and said the appropriateness of each conviction must now be re-examined.
‘‘EF’s actions in purporting to act as counsel for the convicted persons while covertly informing against them were fundamental and appalling breaches of EF’s obligations as counsel to her clients and of EF’s duties to the court,’’ the High Court said in a ruling published yesterday.
‘‘Likewise, Victoria Police were guilty of reprehensible conduct in knowingly encouraging EF to do as she did and were involved in sanctioning atrocious breaches of the sworn duty of every police officer to discharge all duties imposed on them faithfully and according to law without favour or affection, malice or ill-will.
‘‘As a result, the prosecution of each convicted person was corrupted in a manner which debased fundamental premises of the criminal justice system.’’
Victoria Police tried to stop the Director of Public Prosecutions from telling Mokbel and six of his associates the lawyer was informing on them at the same time she was representing them.
The chief commissioner and the barrister both tried to prevent any disclosure, arguing it would place her and her children at risk of harm and deter future informers from coming forward.
But the High Court said it should be disclosed in the interest of maintaining the integrity of the criminal justice system.
Revelations of the police and lawyer’s conduct came after a series of court suppression orders were lifted yesterday by the Court of Appeal, Supreme Court and High Court.
After the 2012 conviction of Mokbel and his six associates a report prepared by the state’s corruption watchdog, IBAC, recommended the DPP consider whether the barrister’s conduct led to a miscarriage of justice in any of the cases. – AAP