Mafia bosses plan bid for freedom because of Lawyer X scandal
The powerful mafia bosses who conspired to import the “world’s biggest” ecstasy haul into Australia in tomato tins are planning their bids for freedom because of the police’s use of Lawyer X.
VIC News
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Powerful crime bosses who conspired to import the “world’s biggest” ecstasy haul into Australia are readying their bids for freedom over the police’s use of Lawyer X.
Jailed drug trafficker Rob Karam — an international freight forwarder who imported drugs by the tonnes — will lead the charge and wants to be released from jail by Christmas.
Karam is seven years into a 37-year jail term over several drug crimes, including a key role in the Calabrian mafia’s smuggling of more than 15 million ecstasy pills, worth $440 million, into Melbourne in tomato tins in 2007.
If Karam wins his appeal it will jeopardise the convictions of more than 30 syndicate members secured by the Australian Federal Police in its most celebrated organised crime bust.
As revealed in the Herald Sun last year, barrister-turned-police informer Nicola Gobbo handed Victoria Police a Bill of Lading, a shipping document revealing where the ecstasy would be delivered at the port. She told police she had been asked to look after the document by Karam, who was her client. Lawyers will argue that because this illegally obtained document led authorities directly to the drug-filled container, all subsequent evidence obtained about the importation was “fruit from the poison tree”.
Mafia boss Pasquale “Pat” Barbaro, jailed for life as the syndicate head, and his cousin, Saverio Zirilli, are preparing to file their appeals. Melbourne Mafioso Francesco Madafferi, along with key players John Higgs, Pasquale Sergi, Salvatore Agresta and Carmelo Falanga, will follow.
Barbaro, Karam, Madafferi and Higgs have made submissions to the Lawyer X royal commission. Dutch-born “fixer” Jan Visser, serving 11 years in jail for his role in the conspiracy, has also lodged an appeal and represented himself in court.
Visser argues evidence sourced from the barrister was “improperly obtained” and an “abuse of process” that “robbed him of a fair trial”.
Lawyers are demanding significant disclosures from Victoria Police relating to the tomato tins case, including information slain lawyer Joseph “Pino” Acquaro supplied police before his shooting death.
Karam and other criminals, such as the Mokbels, often used Gobbo as a “mailbox” to pass messages and documents to help criminal endeavours.
On June 28, 2007, when the drug-filled container arrived on Melbourne’s docks, the AFP seized 4.4 tonnes of ecstasy hidden in 3034 tomato tins, before the syndicate that imported it from Naples could get their hands on the drugs.
A 12-month probe involving physical surveillance and phone taps to snare the major players followed.
The Herald Sun has seen documents detailing how police sought to keep Gobbo’s role in the sting secret. One of her handlers says “don’t trust feds”, noting some information had not been distributed outside the office.
“We’ve tried to contain the amount of information that’s gone to the AFP,” a handler says.
Gobbo’s handler also tells her: “It’s really important for all of us that you don’t represent anyone.
“I’d hate that … a conviction could be overturned because there was an allegation or inquiry in relation to whether he (Karam) got a completely unbiased uncompromised defence.”
Gobbo replies: “Who’s ever going to know about that?”
The AFP-Victoria Police joint probe resulted in nationwide arrests on August 8, 2008. During the later prosecution, Gobbo’s police informer status was not disclosed to syndicate members whom she had acted for or gave legal advice to.
Ultimately, 32 of the 33-strong drug-smuggling gang were jailed for a total of almost 300 years.
MORE LAWYER X:
‘YOU WILL BE SHOT’: THE SHOCKING THREATS GOBBO RECEIVED
LAWYER X ‘NOT GIVEN IMMUNITY’, SAYS POLICE CHIEF
ASHTON GIVEN LAWYER X WARNING IN 2006
One member, hitman Graham Gene Potter, went on the run after he was given bail.
He absconded under a cloud amid fears he had started talking with the AFP.
Last month, Faruk Orman became the first gangland figure to be acquitted as a result of the Lawyer X scandal, when his conviction for the murder of notorious criminal Victor Peirce was quashed because of Gobbo’s improper conduct while acting as his lawyer.
The Herald Sun first revealed police had used Lawyer X to inform on clients in 2014.