State opposition draft bill to give Office of the Special Investigator prosecutional powers

The state opposition is drafting a bill to give the Lawyer X investigator the power to lay charges over the infamous legal scandal.

Victoria’s Lawyer X investigator would be given the power to lay charges over the infamous legal scandal under proposed laws set to be put to parliament.

The Saturday Herald Sun can reveal the state Opposition is drafting a Bill that would give the Office of the Special Investigator, headed by former High Court judge Geoffrey Nettle, prosecutorial powers that could lead to charges against at least five people.

Shadow Attorney-General Michael O’Brien said the Bill would give the OSI the power to proceed with charges without having to seek the permission of the Director of Public Prosecutions.

It comes amid a public feud between Justice Nettle and DPP Kerri Judd, SC, who has refused to approve the laying of any charges as a result of his work.

Justice Nettle this week flagged his resignation and told the government it should close the OSI after raising concerns with Ms Judd, and Attorney-General Jaclyn Symes.

Justice Nettle said he had formed the view that the chances of Ms Judd approving any brief of evidence that the OSI might submit were “effectively nil”.

Lawyer Nicola Gobbo.

Justice Geoffrey Nettle.

“If the Andrews government won’t back a former High Court judge to bring charges over the Lawyer X scandal then the parliament should,” Mr O’Brien said.

“The Special Investigator should have the authority to place charges directly, just as IBAC does.

“The Liberals and Nationals believe Justice Nettle should have the power to charge those responsible for the Lawyer X scandal.

“We will give parliament the choice - back Labor, rotten lawyers and crooked cops or back the integrity of a former High Court justice.”

An Opposition Bill would have a strong chance of passing the upper house, but would face inevitable defeat in the lower house without government support.

Ms Symes this week said it would be wildly inappropriate to give the OSI prosecutorial powers.

“We have an investigative body, it’s not appropriate for an investigative body to then decide they are the prosecutor as well,” she said.

“The DPP has assessed that these cases would not make it through to a successful prosecution to the courts.

“I have the greatest respect for both independent bodies.”

In a special report tabled this week Justice Nettle warned at least five people should be charged over the Lawyer X scandal.

He was appointed as special investigator after a royal commission into the use of gangland barrister Nicola Gobbo as police informant.

The role, a key recommendation of the commission, was tasked with investigating whether charges should be laid against police and disgraced gangland barrister Gobbo.

Originally published as State opposition draft bill to give Office of the Special Investigator prosecutional powers