Brothers of drug baron Tony Mokbel to fight casino ban
For 15 years the brothers of notorious drug kingpin Tony Mokbel have been barred from Melbourne’s Crown casino. But now they will fight to overturn the ban in the latest case sparked by the Lawyer X scandal.
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Two brothers of drug kingpin Tony Mokbel are trying to use the Lawyer X scandal to have orders lifted banning them from Crown casino.
Kabalan Mokbel, 57, and Horty Mokbel, 55, were among the first people excluded from the Melbourne entertainment complex under special police powers introduced in 2004. Mokbel was also banned.
But the pair now want to fight the orders, claiming information arising from the Lawyer X royal commission — which is examining the handling of police informer Nicola Gobbo — that could make the orders “unlawful”.
The details emerged as the pair faced Melbourne Magistrates’ Court today charged with breaching the exclusion order.
Horty Mokbel is accused of entering Crown Casino on November 24, while Kabalan was allegedly caught there on June 1 last year.
Their lawyer Lee Ristivojevic told the court they had the right to challenge the “validity and lawfulness” of the orders made by then Chief Commissioner of Police Christine Nixon.
Ms Ristivojevic wanted to apply for a subpoena to compel Victoria Police to produce documents Ms Nixon used to make her decision.
She said “of the information that has been disclosed” in the Royal Commission into Ms Gobbo and Tony Mokbel, the information Victoria Police was in position of at the time may have been “improperly or unlawfully retained.”
The prosecution argued a review of the order should be disputed in the Supreme Court, not in the Magistrates Court.
Magistrate Simon Zebrowski told the brothers’ lawyer: “I would’ve thought your remedy was going to the Supreme Court to get the order knocked out?”
“That’s one avenue available,” Ms Ristivojevic said.
READ MORE: WHO IS TONY MOKBEL?
MELBOURNE’S GANGLAND WAR EXPLAINED
But she did not agree with the prosecution that it was a strict liability case in that the order was in place and despite knowing they were subject to it, the pair went to the casino regardless.
Mr Zebrowski adjourned the case to a half-day hearing in November for the subpoena application.
The brothers are not required to attend and were remanded to return to court on December 5.
Outside court, they did not want to speak about the orders when asked by the Herald Sun.
Police chiefs have the power to exclude people from casinos and racing tracks for reasons including a criminal history.
Others on the exclusion list include Mick Gatto and ex-bikie enforcer Toby Mitchell.