Lawyer X Nicola Gobbo embroiled in fresh legal action over her informing career
It can now be revealed Nicola Gobbo, the former gangland barrister at the heart of the Lawyer X scandal, has launched fresh legal action against the State of Victoria.
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Lawyer X, Nicola Gobbo, is embroiled in a fresh legal action over her informing career with Victoria Police.
The explosive legal case, launched in 2021, can be revealed for the first time after restrictive suppression orders were lifted in the Supreme Court this week.
Gobbo is seeking an undisclosed payout for what her lawyers describe as Victoria Police’s “high-handed, insulting or reprehensible” conduct in using her as a police informer and failing to protect her identity.
Her lawyers have argued she has been left fearing for her life because of police mismanagement of her situation.
They say the 18 year saga since she was first registered as a police informer has left her with neurological, vascular, dermatological, orthopaedic and psychiatric injuries.
She will never work again, and has been forced from her home amid the fear of death after her identity was disclosed, they say.
Gobbo is seeking aggravated damages for distress, pain, insult, hurt and humiliation suffered.
The revelation of the case comes just days after the state government announced it would disband the Office of Special Investigator which was tasked with probing the Lawyer X saga.
Closing that office means charges over the Lawyer X scandal – which was unearthed by the Herald Sun – are unlikely to ever be handed down.
Gobbo herself could be the only winner out of the scandal, with legal sources estimating any potential payout could total millions of dollars.
The legal case relies on claims Victoria Police was negligent in signing Gobbo up as an informer.
Specifically, they say former chief commissioner Simon Overland, in his role as Assistant Commissioner Crime, was negligent in approving the move.
A statement of claim argues Overland’s exercise of power was invalid or lacked lawful authority because it undermined the premises of the criminal justice system, including the common law right of a fair trial to accused persons and independent legal representation.
“(Gobbo) was providing confidential and/or privileged information against her current and former clients who were being investigated or prosecuted for alleged criminal offences, which was contrary to obligations of a barrister as to maintaining confidential information and/or privilege,” the claim argues.
“Those current and former clients of (Gobbo) were not informed that (Gobbo) was a Victoria police informer and providing confidential and/or privileged communications to the police pertaining to them, in breach of Overland’s and police officer’s duty of disclosure, which was contrary to law and gave rise to perverting the course of justice, a criminal offence.”
Gobbo’s lawyers argue Victoria Police was also negligent in inducing her to sign on as an informer.
“Overland discussed his concerns about the (Gobbo) being a Victoria police informer, including on welfare grounds, and said words to the effect...that (Gobbo) needed very careful management,” a statement of claim argues.
They said she agreed to sign on following assurances of confidentiality by police.
But the case argues police command “knew or ought to have known that (Gobbo) was vulnerable, being concerned about her health, scared for her welfare and/or under pressure as a result of her gangland connections.”
It is also argued senior police should have known Gobbo’s life would be in danger if her identity was ever revealed.
“By inducing (Gobbo) to assist the Taskforce’s investigations as a Victoria police informer...(police) knew or ought to have known that they could not protect (Gobbo) from being exposed as an informer.”
Gobbo’s lawyers also allege wrongdoing by Purana Taskforce detective Stuart Bateson, drug squad detectives Steve Mansell and Paul Rowe, and two source development unit officers known by the pseudonyms “Sandy White” and “Peter Smith”.
Special Investigator Geoffrey Nettle called for his office to be shut down last week after his recommendation that charges be laid over the Lawyer X scandal was rejected by Director of Public Prosecutions Kerri Judd.
In June 2021, the government appointed Justice Nettle as special investigator to examine whether charges should be laid against police and disgraced gangland barrister Gobbo over the scandal.
In a report published this month Justice Nettle wrote that it would be a “waste of time and money” for his office to continue pursuing the matter.