Mafia boss Frank Madafferi in race to get conviction quashed before deportation

“Tomato Tins” linked mafia don Frank Madafferi has just weeks to have his conviction quashed on appeal before he is deported to Italy, a court has heard.

Jailed mafia don Frank Madafferi is in a race against time to have his conviction quashed on appeal before he is deported to Italy, a court has heard.

Madafferi, who is in an inmate at Loddon Prison in Castlemaine, has three weeks left before he is eligible for parole and can then be deported.

The 60-year-old convicted drug trafficker, who is linked to the “Tomato Tins” syndicate, is appealing his 2014 conviction on the basis his lawyer Joseph Acquaro was used by police as an informer.

If he is successful in his appeal, he would be able to fight any attempts to deport him.

Acquaro was murdered outside his Gelobar restaurant in Lygon St in March, 2016.

But years before his shooting death, police from the anti-gangland Purana task force held meetings with Acquaro in 2008 and 2014, gaining intelligence about the underworld although he was deemed unsuitable to be registered as an official source.

But during a Supreme Court directions hearing on Friday, Madafferi’s barrister, Catherine Boston, chastised Victoria Police Commissioner Shane Patton and the Victorian Government Solicitors Office (VGSO) over redactions to documents and delays in the case.

She told the court her client was a “victim” of police who had been left feeling “dehumanised.”

Madafferi’s defence are fighting to view un-redacted documents revealing details of Acquaro’s dealings with Victoria Police.

Frank Madafferi is taken from a prison van into the Supreme Court. Picture: David Crosling

It comes after the chief commissioner lost a Court of Appeal case in January to withhold material about Acquaro’s informing on public interest immunity (PII) grounds.

The appeal court deemed the material, including transcripts of recordings between police and Acquaro, could be of ‘’substantial assistance’’ to Madafferi’s appeal.

Victoria Police, however, has continued to claim PII over slabs of information which may tend to identify sources.

Ms Boston told the court Madafferi may be deported before his appeal was heard.

She said Australian Border Force (ABF) officials had been in contact with Madafferi – who was born in Calabria, Italy – about his deportation and where he may reside.

It leaves the scenario open for Madafferi to be released from Loddon Prison in mid-August only to be taken to a detention centre and put on a flight to Italy by September.

ABF officials had spoken to Madafferi about flights and accommodation, the court heard.

“Mr Madafferi is most anxious …” Ms Boston said.

“He is eligible for parole in August, in three weeks. He is also aware he is eligible to be deported.

“Mr Madafferi has no other convictions in Australia. He feels dehumanised.

“He was a victim of Victoria Police’s conduct by their use of Joe Acquaro as a police informer.”

ABF is only required to give Madafferi two weeks notice before he is deported.

“Mr Madafferi could well be removed from the country before his appeal is heard,” Ms Boston told the court.

She described Victoria Police’s ongoing replacement of documents and redaction of information in the “Acquaro package” as a delay tactic.

“This conduct is extraordinary,” she said.

“Police and the Victorian Government Solicitors Office have been aware since December 21 (last year) they had lost their PII (public interest immunity) claim.

“Unfortunately we don’t know what’s behind those black marks.

“It is a most unsatisfactory state of affairs..... and is to the detriment of our elderly client who languishes in custody.”

Sashi Maharaj, for the Chief Commissioner, defended its legal position and its document redactions.

A customs agent unpacks canned tomato tins holding tonnes of ecstasy tablets. Picture: Australian Customs Service.

“We urge the court and our learned friend to understand that the VGSO and Commissioner are carrying a massive burden,” she said.

“Claims of concealment by the Chief Commissioner of Police is also rejected.

“Those documents are before the court and the Chief Commissioner has invited the court to inspect those documents and make rulings.”

Registrar Ian Irving has now lifted a series of redactions made by Victoria Police.

Madafferi, who is serving a minimum seven years jail over his role in selling ecstasy for the Tomato Tins drug syndicate, has previously avoided deportation in controversial circumstance.

It was Acquaro, his lawyer and friend, who fought his legal case and also lobbied politicians for his client to be granted permanent residency.

In 2001, Madafferi was detained at Maribyrnong Detention Centre and by September, 2003, he was being treated in a psychiatric clinic for depression.

Acquaro would claim it was part of a grand scheme to block his deportation

The mafia lawyer told the Herald Sun he fixed it so a pilot in charge of an international flight fuelled up and waiting on the tarmac would refuse to take his fugitive client back to Italy, citing Madafferi’s psychological health.

He then took the case to the United Nations to complain his deportation from Australia was an abuse of human rights.

And with Madafferi’s older brother, Tony, Acquaro lobbied politicians.

In November, 2005, Immigration Minister Amanda Vanstone overturned the decision to deport Madafferi, granting the Italian mob figure a permanent visa on humanitarian grounds.

Ms Vanstone would later come under heavy scrutiny for overturning his deportation.

Allegations would surface Madafferi’s brother’s contributions to the Liberal Party had helped win a reprieve.

The allegations sparked an Australian Federal Police investigation – codenamed Mediacy.

Although it gained important intelligence on the operations of clandestine Mafia cells in Australia, it did not find any wrongdoing by the ministers.

Madafferi’s court date for his appeal is yet to be determined.

Originally published as Mafia boss Frank Madafferi in race to get conviction quashed before deportation