Lawyer X to escape Royal Commission scrutiny for her use as a police informer

Despite being handed a notice to appear before a Royal Commission earlier this year, Nicola Gobbo will not be giving evidence. These are the reasons why.

Lawyer X is almost certain to avoid fronting the Royal Commission scrutinising her use as a secret police informer.

Nicola Gobbo was served a notice to appear before the Royal Commission on February 26 this year, but Commissioner Margaret McMurdo this morning said there had been no progress on the former barrister giving evidence.

Gobbo’s legal counsel cited medical reasons, tendering her psychologists, psychiatrist and a physician’s report to the commission. Her physical ailments, including severe facial pain, her mental anguish and her safety were cited as reasons impeding her concentration which was preventing giving evidence.

But the Commission has been hearing for many months about Gobbo’s intentions to appear.

Commissioner McMurdo then cited evidence before the commission of Gobbo’s willingness to feign illness to avoid hearings.

“It’s unlikely to change in the foreseeable future … and certainly not during the life of this commission,’’ she said.

Gobbo’s legal counsel cited medical reasons as to why Lawyer X wouldn’t be able to provide evidence.

Commissioner McMurdo then added it was concerning “that in the past there is a recording of her speaking to police officers in which she appears to state to police her willingness to feign medical symptoms in order to obtain an adjournment in court.’’

Commissioner McMurdo also noted Gobbo had given evidence in another hearing and that a prompt appearance “might be therapeutic’’.

Gobbo must provide further medical reports by October 3 clarifying “if and when’’ she could be well enough to give evidence before the commission.

Gobbo’s barrister Rishi Nathwani said he could not foresee Gobbo giving evidence under her current circumstances, which were unlikely to change.

“They are such that they are causing, as I’ve indicated, mental anguish to Ms Gobbo, coupled with anguish to others associated to her,’’ he said.

Counsel assisting Chris Winneke said he had spoken with Gobbo on three occasions via phone conferences in which she had given evidence, but not under oath.

During 61 hearing days Gobbo has faced mounting criminal allegations, beginning when she was a university student.

Justin Gatto leaves the County Court with barrister Nicola Gobbo in 2008.

Among the accusations have been drug dealing while at university, lying on an affidavit to be admitted into the law, perverting the course of justice and breaking into a colleagues’ chambers.

The commission has also raised the spectre, after finding audio of Gobbo, that she told her police handlers that she was taken into police headquarters to edit her client’s police statements without their knowledge.

Her conduct with allegedly corrupt police officers is also at the heart of years mixing with police and criminals.

There have been about 50 witnesses examined by the commission since public hearings began in March.

They have mostly been police officers from the Source Development Unit that handled her, anti-gangland Purana taskforce detectives and high-ranking officers who oversaw her use as an informer.

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Gobbo has been registered as an informer three times, in 1995, 1999 and 2005.

Her most prolific informing period was between 2005 and 2009, when she helped crack the gangland war.

Among clients she informed on was Tony Mokbel, his brothers and those in his criminal enterprise.

Gobbo also handed police the document that led them to seize the biggest ecstasy haul in history in 2007.

A joint Australian Federal Police and Victoria Police operation led to the arrests of the 33 strong ‘‘Tomato Tin’’ syndicate, including mafia boss Pasquale Barbaro and major drug importer Rob Karam.