Not necessary for barrister to deliver ‘independent’ legal advice: police commander
A top gangland detective has stunned the Lawyer X royal commission, telling the inquiry he saw no problem with using a barrister to inform police. He also admitted telling a gangland killer that Nicola Gobbo was a “very honest barrister”.
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A top gangland detective has told an inquiry into the Lawyer X scandal it’s OK for a barrister to also be a police informer.
Purana taskforce investigator Commander Stuart Bateson said he also believes our justice system doesn’t necessarily require someone receive “independent” legal advice.
The stunning admission came as the Royal Commission into the use of police informants heard the detective told a gangland killer that lawyer-turned-police supergrass Nicola Gobbo was a “very honest barrister”.
It was revealed on Thursday that the underworld figure, who cannot be named, asked Mr Bateson if he could trust Ms Gobbo as he considered becoming a witness to assist police in the murder investigation.
Mr Bateson told the man he could, despite knowing Ms Gobbo was a registered police informer and had earlier helped another criminal roll on him.
Asked by counsel assisting the commissioner Chris Winneke QC if Ms Gobbo was the type of lawyer he would recommend to his family or friends, Mr Bateson said his friends were “not drug dealers associating with organised crime criminals”.
“Whether they’re crooks or not … does our justice system require (people) have an absolutely independent legal practitioner?” Mr Winneke asked the detective.
Mr Bateson said he didn’t agree the practitioner must be independent, but said everyone has the right to legal counsel.
“Will (Lawyer X) happen again? Clearly not. But my view is you can be a human source and a barrister at the same time,” he told the hearing.
Commissioner Margaret McMurdo AO questioned Mr Bateson if it would still be OK if the barrister had also represented a key witness against their client.
“I guess that’s where I feel it’s a bit murky,” Mr Bateson said, adding it was not up to him to make that ethical decision at the time.
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Mr Bateson said he initially told the gangland murderer during a prison visit that “personally” he would seek independent representation, but when it became clear the man wanted to use Ms Gobbo because of their history Mr Bateson said he believed she would act in his best interests.
He told the commission he believed the crook was asking whether he could trust Ms Gobbo not to snitch on him to gangland drug bosses Tony Mokbel and Carl Williams.
Mr Bateson said he knew she wouldn’t because she hadn’t in the past.
The police commander, whose role in the gangland taskforce became a key character in the TV series Underbelly, rejected suggestions he could have encouraged the killer to seek legal advice about Ms Gobbo from another lawyer saying: “He’s not my mate … why would I?”
“My impression of Ms Gobbo at this stage … is she acts honestly as a barrister when representing her clients during these sorts of negotiations,” he said.
Mr Bateson finished the day by conceding if he knew then what he knew now, he “probably” would’ve acted differently.