Graham Potter could play key role in future of tomato tins case

After 12 years on the run, the door on Graham Potter’s cell has been slammed shut. But he may hold the power to open it again.

Graham Gene Potter may hold the future of some of Australia’s most powerful gangsters in his hands.

Police believe Potter has secrets which could incriminate prominent organised crime figures or block their bids for freedom over the Lawyer X scandal.

Convicted high-level drug traffickers Pasquale Barbaro, Rob Karam, John Higgs and Saverio Zirilli and expected to be watching intently.

That trio are serving long-term prison terms for the 2007 importation of 15 million ecstasy tablets concealed in tomato tins.

On September 5, 2007, Potter drove with Karam, Barbaro and Zirilli to Newmarket in Melbourne’s inner north-west.

Two calls were then made to a freight-forwarding company called FJTL, which was listed on the consignment’s bill of lading.

Karam, Barbaro and Zirilli want to be freed from prison because of what they say is the involvement of gangland lawyer Nicola Gobbo in their convictions.

Graham Gene Potter after his arrest. Picture: Liam Kidston

Another member of the ‘’Tomato Tins’’ syndicate was mob boss Francesco Madafferi.

Neither Madafferi or Potter were charged with being part of the original ecstasy importation, the biggest in history at that point, which floated into Melbourne’s docks in June, 2007.

But in the aftermath of the drugs being seized without a trace, Barbaro and his gang needed to pay a $10m debt to their European suppliers.

It led to frantic drug importations, drug trafficking and alleged murder plots.

Police would allege that Potter was the assassin hired to eliminate the syndicate’s enemies.

But it remains to be seen if there are potential implications for those previously accused of being involved in commissioning Potter to be the triggerman.

Madafferi and Barbaro were once charged with hiring Potter, a Tasmanian known as ‘’Devil’’, to carry out the killing.

But those charges were dropped after Potter turned fugitive.

Now, as the 64-year-old sits in a custody cell in Melbourne’s CBD, Potter may have options put to him to “sing’’.

Before he went on the run 12-years ago, Potter was believed to have got bail by co-operating with the federal police.

Frank Madafferi was once charged with hiring Potter. Picture: David Crosling

It had been a point of contention between and state and federal police after he fled while on bail as he faced serious drug trafficking charges and three counts of conspiracy to murder.

And in the days after Potter skipped bail in February the following year, on the eve of a court hearing, the finger was privately pointed at the AFP for the stuff up.

Potter avoided police by changing his appearance, using aliases and wearing disguises, including wigs and a fat suit.

He was almost arrested in Tully, in Queenslands north, in 2010, but escaped into a forest.

It was not far from where he was found in Ravenshoe on Monday, living in squalid conditions.

During his time on the run much has changed in the Tomato Tins case.

They now know the illicit cargo was seized after lawyer-turned-police informer Nicola Gobbo tipped off her Victoria Police handlers to its imminent arrival in 2007.

Gobbo even handed police the shipping documentation.

But it was Barbaro’s associate, Fedele ‘’Freddy the Bear’’ D’Amico and another man who were blamed for the syndicate’s bad luck.

Both came close to being murdered.

Saverio Zirilli

John Higgs.

Secretly taped conversations provided police with enough evidence to charge Barbaro, Madafferi and Potter with conspiracy to murder.

Before Potter fled, Magistrate Simon Garnett provided details of the murder plots, which were outlined by Victoria Police Det-Sgt Daniel Baulch.

Police believe there were failed bids to try to murder him at Gatto’s son Damian’s Docklands wedding in March 2008 and after a fight night the evening before the Gatto wedding.

Det-Sgt Baulch claimed in court that Barbaro believed the intended victim had either stolen drugs belonging to Barbaro’s gang or had caused them to be seized by police.

“Barbaro sourced and co-ordinated the obtaining of firearms and vehicles for the murder,” Det-Sgt Baulch told the court.

The infamous tomato tin haul.

“On March 28, 2008, it is believed that an attempt was made to murder (the target) at a boxing event held at Docklands.

“Barbaro and others identified (the targets) vehicle in the car park at the event and an attempt was made to shoot (the target) upon returning to his vehicle.”

The court was told the alleged plan was aborted at the last minute because Potter’s getaway car had mechanical problems.

The alleged plot to murder of the second target almost exposed the AFP’s undercover drug operation against the Barbaro gang.

AFP surveillance officers came within seconds of having to reveal themselves to physically stop gang members from murdering the second vendetta victim.

The hit was alleged to go down at the Reggio Calabria club in the Melbourne suburb of Parkville.

Those surveillance officers could not have allowed the murder to happen and were frantically preparing to stop the execution.

But car trouble, most likely caused by police technology, again foiled the alleged hit.

A magistrates’ court in 2010 heard the following:

“The prosecution intend to rely on intercept material, physical surveillance and the evidence of Witness A, who will allegedly give evidence that Mr Barbaro asked him in June 2008 whether he had killed someone before and if he was interested in doing so for $100,000,” the judgement said.

“It will also be alleged that on July 24, 2008, firearms and ammunition subsequently seized from the residence where Mr Barbaro was staying in Carlton were given by Mr Barbaro to Mr Potter to use in the murder of (vendetta victim).

“It is alleged that the plan failed when the ‘clean car’ they had obtained broke down on the way to the club and (vendetta victim) left before Mr Potter, Mr Barbaro and Witness A arrived.’’

The Tomato Tins case has been one of sliding doors.

Potter’s door has been slammed on his cell, for now. But he may hold the key to open it again.