Former Assistant Commissioner’s claims of deception despite concerns over Gobbo’s role.
Former Assistant Commissioner Jack Blayney raised concerns over the use of Nicola Gobbo in mid-2007, however the senior officer said he was deliberately led to believe her handlers we following legal advice.
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A senior policeman said he was deliberately led to believe Lawyer X handlers were acting in line with legal advice after the superintendent raised concerns about the possible consequences of using barrister-turned-informer Nicola Gobbo.
Former Assistant Commissioner Jack Blayney said his concerns about using a criminal barrister as a police source “intensified” in mid-2007, leading him to suggest investigators and then-Assistant Commissioner Simon Overland seek a “hypothetical legal opinion” during a Purana task force meeting in July.
Mr Blayney said he believed the use of Ms Gobbo could leave investigations open to corruption.
“Evidence being tainted, unfairness … (and) the discredit that would occur should we not be attuned to the types of risks that either have been or potentially may occur in that context,” he told the Royal Commission into the management of police informers on Tuesday.
It was the first time someone with knowledge of the situation had thought to seek legal advice about the integrity of using Ms Gobbo, counsel assisting Andrew Woods told the hearing.
Mr Blayney again raised the issue of possible conflicts of interest and breaches of legal professional privilege a week later.
Mr Overland was not present at this second meeting, but was to be briefed on its contents.
The recently retired AC said he could not recall details of the discussion, but “came away … with the view that legal advice had been obtained and they were acting on that legal advice,” Mr Blayney told the commission.
Mr Blayney agreed it was a “significant disappointment” to later learn no legal advice had ever been obtained prior the July meetings.
He said he could not recall who told him or inferred that advice had been sought but was assured the issues were being managed.
Asked by Mr Woods if he was misled by SDU members Mr Blayney said if he was, it may not have been intentional.
Mr Blayney was charged with managing crime resources across several investigations and noted Purana Taskforce was a top priority.
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The then-superintendent was privy to several meetings where Informer “3838” was discussed and was also invited to attend to sit on a rewards committee during which Ms Gobbo’s handlers attempted to have two speeding fines withdrawn.
The commission heard the snitching barrister was worried about losing her licence after being nabbed speeding while tasked with informing duties.
Mr Blayney said it was unusual for penalty notices to be withdrawn and he’d never heard of a request being made before.