Decision to be made on Nicola Gobbo’s Lawyer X Royal Commission testimony
Lawyer X Nicola Gobbo will be forced to testify at the royal commission that her gangland informing prompted. But despite facing a jail sentence if she fails to show up, there are concerns the snitching barrister will never actually front the hearing.
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Nicola Gobbo will be forced to testify at the Royal Commission into the Lawyer X scandal - but the head of the commission says she has “no confidence” the snitching lawyer ever will.
Commissioner Margaret McMurdo ordered Ms Gobbo to give evidence, via telephone from a remote location, beginning January 29 after Ms Gobbo failed to argue she was too sick to attend.
Ms McMurdo set a date for her evidence to commence on January 29, but raised doubts Ms Gobbo will show up.
“I have no confidence Ms Gobbo will eventually give evidence,” Ms McMurdo said.
The gangland lawyer faces up to two years behind bars if she does not comply with the order.
While the Royal Commission does not have the power to compel Ms Gobbo to testify, it can recommend criminal charges if she does not attend.
Counsel for the disgraced barrister had argued she was too mentally and physically unwell to withstand “any interrogation” and forcing her to testify would lead to a deterioration in her already fragile psychological state.
Rishi Nathwani, for Ms Gobbo, told the commission his client was suffering from severe mental anguish and constant physical pain, tendering 10 reports from medical specialists.
A psychological report stated Ms Gobbo was heavily medicated, has poor concentration and memory lapses.
“She cries most days and feels her brain cannot function normally,” the report stated.
But Ms McMurdo said she was not satisfied Ms Gobbo had provided a reasonable excuse not to comply with her notice to attend the commission despite her medical ailments.
Ms McMurdo said while she accepted evidence of Ms Gobbo’s poor health, this could be managed by ordering she give evidence for only two hours per day and limit cross-examination.
“Giving evidence is always stressful for everyone, especially when that person’s conduct is central to a highly publicised Royal Commission,” she said.
In making her ruling, Ms McMurdo said she was cognisant of evidence Ms Gobbo had previously told police handlers of “her preparedness to falsely use her medical conditions to mislead the court” in obtaining an adjournment to suit her own needs.
Ms McMurdo added that the accuracy of the medical expert’s opinions “are based on the accuracy of what Ms Gobbo tells her medical practitioners”.
Prior to the Commissioner’s ruling, Mr Nathwani had argued Ms Gobbo would need a “lengthy, lengthy period to prepare” if the medical opinion was not accepted.
The Commission heard Ms Gobbo only has two hours free time per week and has not read a single page of transcripts from 10 months of hearings.
Mr Nathwani said his client had not followed any of the evidence of the commission since it commenced in February and has limited capacity to read the material due to her low concentration and poor memory.
But the greatest evidence of Ms Gobbo’s deteriorating state was the High Court’s decision in December last year to “reveal she is Lawyer X” - a revelation which placed her life in danger, Mr Nathwani said.
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Counsel assisting the commissioner Andrew Woods said he did not dispute Ms Gobbo was unwell, but her ailments did not amount to a reasonable excuse.
Transcripts from three “lengthy” conversations between Ms Gobbo and Victoria Police were provided to the commission, with Mr Wood arguing there is “no evidence” of a significant deterioration since then.