Nicola Gobbo maintains she is too ill to testify at royal commission
Gangland barrister turned police snitch Nicola Gobbo is suffering depression and anxiety, according to doctors, but the head of the Lawyer X royal commission is not convinced she’s too unwell to give evidence.
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THE head of the Lawyer X royal commission says she is not satisfied Nicola Gobbo is too unwell to give evidence.
Gobbo’s lawyers provided the commission with statements from four medical specialists stating that the Gangland barrister turned police snitch was suffering from “depression, acute stress and anxiety” which would inhibit her from “being interrogated”.
Commissioner Margaret McMurdo said she was inclined to accept Gobbo was suffering from the conditions but was not satisfied it was a reasonable excuse not to give evidence.
Ms McMurdo said she was also not satisfied that her condition could not improve in the many months of hearings still left.
The commission will determine if she can be excused as witness in November.
Ms McMurdo had requested Gobbo’s specialist reconsider the opinion they provided earlier this month with the knowledge that she had previously discussed feigning symptoms to delay court cases.
This morning all of her treating physicians said they were satisfied she was not faking symptoms.
A psychiatrist, who had treated Gobbo since April, said her “performance capabilities” would significantly decline if put under questioning, which would stop her form being a satisfactory witness.
“This, unfortunately for Ms Gobbo, will be for the long-term”.
Another psychologist said Gobbo’s memory was remarkable and she would be a capable witness normally, but not in her current circumstances.
A psychologist report stated Gobbo was reporting: “Low mood, helplessness and hopelessness and poor concentration and memory problems,” the psychologist said.
“Ms Gobbo is not capable of giving evidence before the Commission in her current circumstances and her incapacity to do so is indefinite”.
She also slapped down the former barrister for not providing a witness statement to the commission despite being the “key protagonist”.
“Ms Gobbo has been represented at community expense and continues to be represented throughout the life of this Commission and in virtually all hearings and virtually all its hearings by solicitors and by both senior and junior counsel,” Ms McMurdo said.
“Despite the Commission affording her every consideration, she has not availed herself of the opportunity to, yet to provide the Commission with a statement.”
Ms McMurdo also slapped down Gobbo for not providing a statement on which she is the “key protagonist”, and ordered her to do so by November 18.
Rishi Nathwani representing Gobbo said a witness statement would be provided and the commission was aware Gobbo was keen to assist the inquiry as “best she can.”
But Ms McMurdo said she was not aware that Gobbo was willing to assist the commission.
“I’m not aware of that, I have been told that, there is a difference Mr Nathwani. I’m aware she said that,” she said.
Gobbo’s application to be excused from giving evidence could be re-heard on November 26.
LAWYER X COP ACCUSED OF MISLEADING COURT
A senior policeman has been accused of misleading a court while giving evidence against a convicted drug trafficker who is now appealing his prison sentence.
Zlate Cvetanovski is trying to overturn his convictions because of claims police use of barrister Nicola Gobbo as an informer may have caused widespread miscarriages of justice.
Inspector Dale Flynn yesterday said he “wasn’t deliberately misleading” in giving evidence at Cvetanovski’s committal hearing, but that he’d felt uncomfortable and concerned about revealing the snitching lawyer’s involvement in his case.
Cvetanovksi was one of four people facing court at the time, after an associate — a client of Ms Gobbo — turned on them.
A royal commission into police use of informers has been told a key witness refused to help police after speaking with Ms Gobbo twice following his arrest.
But he later agreed after a “sales pitch” by Ms Gobbo and officers, including promises of reduced prison time.
Cvetanovski has only months remaining on an 11-year prison sentence he hopes the Court of Appeal will overturn.
During Cvetanovski’s 2007 committal hearing, Insp Flynn was quizzed about past versions of the witness’ signed statement.
“This is the one and only version,” Insp Flynn said at the time.
He knew there were previous versions. Ms Gobbo had twice been given printed copies of the statements to review, while other police had also been given copies.
But he said on Thursday they didn’t cross his mind in 2007.
“When I answered that question, I believed there were no drafts in existence,” he said.
He “wasn’t intentionally misleading”, prompting counsel assisting the commission, Chris Winneke QC, to question if his evidence had been the truth.
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“Well, I accept that’s what I believed was the whole truth at the time,” he said.
The inquiry was told Insp Flynn had been concerned about exposing Ms Gobbo as an informer, but Mr Winneke asked if it was alarming that Cvetanovski might not get a fair trial on the basis of improperly-obtained evidence.
“Well that’s something I look back now and say ‘yes’, but I don’t think it was a consideration at the time,” Insp Flynn said.
“That might be cold comfort to Mr Cvetanovski who has been doing time,” Mr Winneke said.
“That’s the way it is,” Insp Flynn replied.