OPP letter: ‘The matter lacked reasonable prospects of success’

Underworld figure Mick Gatto was facing charges including assault, blackmail and extortion with threats to kill. The Office of Public Prosecutions has explained its decision to withdraw all charges.

Mick Gatto had been locked in a bitter decades-long feud with restaurateur Jamal Mohammad. Picture: Lawrence Pinder

The decision to withdraw serious criminal charges against underworld figure Mick Gatto by a disgruntled ex-associate was made because the case was deemed unlikely to succeed.

Mr Gatto was facing 10 charges including assault, blackmail and extortion with threats to kill in a rare private prosecution case launched by restaurateur Jamal Mohammad.

The rivals have been locked in a bitter decades-long feud, with Mr Mohammad personally filing charges against Mr Gatto in Melbourne Magistrates’ Court last year over claims he had extorted more than $4 million from him.

Mr Gatto denies the claim and the Office of Public Prosecutions has withdrawn all charges against him and Adam Wright, the owner of a Melbourne-based security company.

Jamal Mohammad launched a private prosecution against Mick Gatto. Picture: Aaron Francis

Correspondence by the OPP obtained by the Herald Sun explain the withdrawal was made following careful consideration of the evidence provided by Mr Mohammad.

“The decision to withdraw the charges involved complex matters of fact and law,” the OPP letter reads.

“Ultimately, a solicitor, a Crown Prosecutor, the Chief Crown Prosecutor, and the Director himself concluded that the matter lacked reasonable prospects of success.

“In reaching that decision, all the evidence you provided was considered, as was our understanding of your desire for the criminal proceedings to proceed.”

The Office of Public Prosecutions has withdrawn all charges against Mr Gatto and Adam Wright. Picture: Getty

Private prosecutions are rare in Victoria and occur when a victim rather than prosecutors or police initiate criminal proceedings against an alleged offender.

The case against Mr Gatto was taken up by the OPP which only pursues matters if they have a reasonable prospect of conviction or are in the public interest.

The matter has been referred to Victoria Police to decide if it wants to investigate and potentially lay charges against Mr Gatto.

“I acknowledge that this decision has caused you great disappointment and distress,” the OPP letter read.

Mr Mohammad is himself facing charges including possessing multiple firearms, an imitation gun and ammunition after weapons were allegedly uncovered during a police raid of his Beaumaris home last year.

The restaurant owner denies the weapons were his and has launched legal action against Mr Gatto and Mr Wright claiming they conspired to have trumped up firearm charges brought against him.

In documents filed by Mr Mohammed to the Supreme Court, he claims Mr Wright called Crime Stoppers informing them that he had firearms and was plotting to kill Mr Gatto at Lobster Cave restaurant in Beaumaris.

Mr Mohammed claims the firearms were planted in his car and that police unlawfully arrested him.

Originally published as OPP letter: ‘The matter lacked reasonable prospects of success’