Tony Mokbel could sue over prison bashing, experts say
Drug lord Tony Mokbel could be in line for a taxpayer funded payday after his brutal jailhouse bashing if he can prove prison authorities failed to protect him, legal experts say.
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Drug lord Tony Mokbel could launch civil action against the Victorian government for failing to protect him from his brutal prison bashing, legal experts say.
The drug kingpin suffered facial injuries and was allegedly stabbed in the February 11 attack. His injuries could mean he is entitled to thousands from the Victorian taxpayer if it can be proven Corrections Victoria breached its duty of care to him.
It is understood Mokbel is slowly recovering from his injuries and has been moved to a secure hospital ward.
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Legal experts say he may now have a claim against the state for Corrections Victoria’s failure to prevent the bashing.
Maurice Blackburn Lawyers principal Dimi Ioannou said lawyers would need to prove that prison authorities had knowledge of a potential threat to his safety.
“They need to show that they were aware of a potential threat to his safety and then show they breached their duty of care by not protecting him from the threat.
“You then need to show that there was a permanent injury from the incident, which there was.”
It is understood prison bosses discussed moving Mokbel into a protective unit the day before the attack, but the drug lord declined.
The Herald Sun has also been told Barwon prison operations managers had wanted to move Mokbel away from the general population, but their request was vetoed by higher ups.
Ms Ioannou said Maurice Blackburn Lawyers had launched legal action for other prisoners attacked behind bars and these were always concluded by a “negotiated settlement”.
Ms Ioannou said it was also open for Mr Mokbel to sue for pain and suffering caused by the attack.
She said the inquiries into Mokbel’s bashing, being headed by NSW Supreme Court judge David Ipp and former Queensland corrections commissioner Mark Rallings, should be made public so there is trust in the process.
Two men have been charged with attempted murder following the attack.
Mokbel appears to have a far greater chance with civil action than in pursuing a victims of crime compensation payout.
Specialist victims of crime lawyer Joshua Reimer of Johnstone & Reimer Lawyers did not want to comment on the Mokbel case specifically but said there were obstacles to some offenders being successful at the Victims of Crime Assistance Tribunal.
Mr Reimer said section 54 of the Victims of Crime Assistance Act, which obligates the Tribunal to consider the character and background of a victim, made it difficult for high-level offenders to win.
But he said there had been crimes compensation claims granted to prisoners in the past.
“In my experience, low-level offenders in prison can sometimes have successful claims,” Mr Reimer said.
Corrections Victoria said Mr Mokbel’s bashing was being investigated by Victoria Police and an independent review.
“The assault of Tony Mokel at Barwon Prison is now the subject of a current prosecution before the courts and an independent review commissioned by the Victorian Government, and as such, it is not appropriate to comment on the specific circumstances surrounding the incident.”
“Offenders have access to legal representation for a range of matters whilst in prison, including for civil claims.”