Handlers warned top cops against using Lawyer X

Lawyer X’s police handlers told the “highest echelons of Victoria Police” that using Nicola Gobbo as a witness could spark a Royal Commission.

Nicola Gobbo revealed that Victoria Police had recruited even more people bound by legal professional privilege.

Lawyer X’s police handlers told the “highest echelons of Victoria Police” in 2008, using Nicola Gobbo as a police witness could spark a Royal Commission.

Gobbo’s handlers in the Source Development Unit flagged concerns that using her as a criminal witness in a double murder prosecution would expose her as a human source.

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They flagged her exposure could impact future prosecutions of serious drug criminals and, because of the perception Victoria Police used information obtained by legal professional privilege, could make number of gangland convictions unsafe, the Royal Commission into the Management of Police Informants heard.

The handlers raised these concerns to the steering committee managing the Petra Taskforce - which included future chief commissioners Simon Overland and Graham Ashton.

But the commission heard their pleas “were ignored.”

Victoria Police continued to use Gobbo as a source until at least the middle of 2010, even after she had successfully sued police.

Lawyer X’s police handlers told the “highest echelons of Victoria Police”, using Nicola Gobbo as a police witness could spark a Royal Commission.

Petra was investigating the murder of police witness Terence Hodson and his wife Christine.

Police officer Paul Dale and Rod Collins were charged with the Hodsons’ murder and Petra management including - then deputy commissioner Simon Overland - wanted to use Gobbo as a witness.

The charges against Dale - who Gobbo had a friendship with - and Collins were later dropped.

Counsel assisting the Royal Commission Chris Winneke said the SDU were having a “tug of war” with the Petra Task Force over Gobbo’s use.

He asked assistant commissioner Neil Paterson if they had raised issues of her exposure as a police source to the Petra steering committee - “which included the highest echelons of Victoria police” - in 2008.

“Such as the risk to the organisation if the long-term role is exposed, a perception of her passing on privileged information and police using the same, was there a concern about the risk of a RoyalCommission into source handling of the SDU,’’ Mr Winneke QC said.

“And the possibility of jeopardising future prosecutions, for example prosecutions of members of the Mokbel (crime cartel).”

Mr Winneke asked why, when the relatively junior officers flagged their concerns that Gobbo’s use of a source may make convictions unsafe, legal advice was not sought.

Mr Paterson said he was “very surprised” the force command didn’t seek legal advice at that point.

“I have been in that position where you want that legal advice and be able to consider what that advice would be.”

He said her source handlers raised concerns and “thought those concerns were not accepted by others.”

The handlers raised concerns to the steering committee managing the Petra Taskforce - which included future chief commissioners Simon Overland.

Graham Ashton was also on the steering committee managing the Petra Taskforce.

But the Royal Commission heard Gobbo was still used as a source for more than two years afterwards, including for providing information on her clients.

The Royal Commission also heard that a review of Victoria Police’s contact with Gobbo - from 2005 to 2009, excluded her contact with the Petra Task Force and its steering committee. The scathing 2012 Comrie Report into Gobbo use of as a source recommended that a “complete factual and sequential” account of her utilisation be done.

But senior Victoria Police management excluded Operation Loricated, which was carrying out the Comrie report recommendation, from examining her use as a source in the Petra Task Force.

Earlier in the day the Royal Commission heard that major drug investigation detectives had recorded their meetings with Gobbo in 2005, before she was registered as a human source.

Counsel assisting Chris Winneke asked Mr Paterson if he was aware that detectives Paul Rowe and Steve Mansell secretly recorded two meetings they had with Gobbo.

Mr Paterson said he was not, the hearing continues.

EVEN MORE LEGAL INFORMERS SNITCHING FOR COPS

The anti-corruption watchdog has been notified of Victoria Police registering of an unknown number of lawyers as human sources.

A witness statement to the Royal Commission examining the conduct of gangland barrister Nicola Gobbo — who snitched on her underworld clients — revealed that Victoria Police had recruited even more people bound by legal professional privilege.

It was revealed in December last year that along with Gobbo, slain mafia lawyer Joe Acquaro and five others were registered as human sources who had obligations of legal professional privilege.

The Independent Broad Based Anti Corruption Commission was informed of those six human sources for any breaches of legal privilege.

But assistant commissioner Neil Paterson said since then Victoria Police informed the IBAC about even more human sources with obligations of legal professional privilege.

Joe Acquaro was one of six human sources being probed by IBAC.

“Since that time, and very recently, other human sources who may have a legal duty of confidentiality and privilege have been identified and IBAC has been informed of those sources,” his statement to the Royal Commission in the Management of Police Informants said.

Mr Paterson’s statement referred to a damning report by Justice Murray Kellam into Ms Gobbo’s informing which found Victoria Police failed to seek legal advice before registering the lawyer as an informer in 2005.

Mr Kellam said Ms Gobbo provided tactical and legal advice to Victoria Police about her clients and been tasked with obtaining intelligence against her clients.

Mr Kellam said failing obtain legal advice before registering Ms Gobbo was negligence of the highest order.

Mr Kellam said that shortly after police handlers registered Ms Gobbo in 2005 they became concerned she may have a “psychological or psychiatric problems” but no further risk assessment was done.

He said further risk assessments were not done on Ms Gobbo’s suitability as a human source even after it became aware she had inappropriate relationships with police officers.

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Originally published as Handlers warned top cops against using Lawyer X