Gobbo backs down after dropping bombshell ahead of civil trial

Nicola Gobbo has backed down from her bid to have all Victorian judges recused from her civil trial after claiming none could be impartial following the state’s former top prosecutor’s promotion to the Supreme Court bench.

Nicola Gobbo has backed down from her bid to have all Victorian judges recused from her civil trial against Victoria Police.

Senior counsel for the barrister-turned police informer, known as Lawyer X, dropped a bombshell in the Supreme Court on Wednesday, saying they would make a recusal application as it was inappropriate for a judge from the court to sit on her case.

The application — triggered by the appointment of former Director of Public Prosecutions, Kerri Judd, as a Supreme Court judge on Tuesday — was set to be heard by Justice Andrew Keogh at 2.15pm on Thursday.

But the hearing has been vacated after Ms Gobbo’s legal team notified the court they would no longer pursue the application.

On Wednesday, Tim Tobin, SC, for Ms Gobbo, told the court his client had concerns that the evidence in her case would raise the name of Justice Judd.

“I’m instructed to say the plaintiff (Gobbo) is so concerned about those matters, she would seek someone other than a member of this court (to hear her case),” Mr Tobin said on Wednesday.

Nicola Gobbo has sensationally said no Victorian judge can be impartial in her civil trial. Picture: Supplied

The revelation had come in the middle of submissions by Mr Tobin, who was pushing for Gobbo’s trial to be heard by a jury following a state application for it to be judge-alone.

Bernard Quinn, KC, representing the state, had spent an hour arguing a judge-only trial should be ordered due to the legal complexities of the case.

Mr Quinn also said the extensive media coverage on Ms Gobbo’s case would make it hard to find any jury that has not been “tainted”.

But it was during Mr Tobin’s response, he raised for the first time the concerns of his client about the DPP’s appointment in a move that left Justice Andrew Keogh “puzzled”.

“Are you saying that there is an additional issue whether this proceeding can be heard by a judge in this court,” Justice Keogh said.

Mr Tobin said: “We can say there can be no complaint if a judge sits on this matter with a jury.”

Justice Keogh told Mr Tobin he “can’t dance around it” and could not just raise it as a submission in an application over whether a trial should be heard by a jury or a judge.

“It’s a recusal application of the judge’s of this court,” Justice Keogh said.

“I am going to require you to make the application.”

Kerri Judd has been appointed a Supreme Court judge. Picture: Supplied

It comes as it was also revealed Gobbo was expected to appear in person to give her evidence at her trial which kicks off on September 30.

Gobbo is suing the state for negligence over her treatment by Victoria Police officers, who she claims induced her to snitch on her clients.

The government last week extinguished any hope of her getting a multimillion dollar windfall by passing new legislation that limits damages courts can award to $1m over the Lawyer X affair.

Last year, Justice Judd, in her role as DPP, was criticised for her decision to not prosecute Victorian Police officers and Nicola Gobbo over the police informer scandal.

Justice Keogh can not rule on whether the case should be heard by a judge or jury until the recusal application is dealt with.

Originally published as Gobbo backs down after dropping bombshell ahead of civil trial