Deportation shadow hangs over Melbourne mafia men Rocco Arico and Francesco Madafferi

Two of Melbourne’s biggest mafia figures — appealing their convictions amid claims their now dead lawyer was informing on them to police — may be banished to Italy.

Joe Acquaro was shot dead in March, 2016, outside his gelato bar in East Brunswick.

The clock is ticking for two of Melbourne’s most significant mafia figures to avoid being banished to Italy.

Rocco Arico and Francesco Madafferi are both looking at the prospect of freedom this year but still have the shadow of deportation over them.

Their cases are complicated by high-stakes legal battles over the way in which they were convicted.

Both are appealing their convictions in the Supreme Court amid claims their former lawyer Joe Acquaro was secretly giving evidence about them to organised crime detectives.

Arico is believed to have become eligible to seek parole this month after serving his minimum of seven years for extortion and other offences.

He is claiming his right to a trial was subverted and there was a miscarriage of justice because of Mr Acquaro’s role.

Rocco Arico leaves the funeral of Joe Acquaro. Picture: Jake Nowakowski

Rocco Arico at the County Court in 2016. Picture: David Crosling

It is unclear whether Arico would even apply for parole given the looming deportation issue.

If he was to be granted early release, Arico may wind up being thrown into immigration detention by authorities who have previously indicated they want him out of Australia.

Or it’s possible he could apply for a criminal justice stay visa, which would allow him to live in the community and even work as the appeal process plays out.

Arico told a court last year that he trusted and relied on Mr Acquaro for 10 years.

The lawyer was shot dead in March, 2016, outside his gelato bar in East Brunswick.

Madafferi’s full sentence over the huge Tomato Tins ecstasy bust ends in the middle of this year.

He was given a maximum 10-year stretch in 2014 over his part in the trafficking of 15 million pills found concealed in tins seven years earlier.

Madafferi is an unlawful non-citizen and would be at risk of being taken into Australian Border Force custody if freed.

Francesco Madafferi.

The late lawyer, Joe Acquaro.

The 62-year-old has already dodged deportation once.

In 2005, then-Immigration Minister Amanda Vanstone overturned a decision that he be sent back to Italy in a move which later sparked strong criticism.

Vincenzo Crupi, 74, was charged in 2018 over the Acquaro murder.

He is on bail awaiting trial.

Both Arico and Madafferi failed in earlier appeal attempts on their cases, but lodged a subsequent bid after information was revealed about Acquaro’s possible informing.

They are among two dozen convicted crooks who are appealing their convictions over the Lawyer X rule because their lawyers, including high-profile barrister Nicola Gobbo, were informing on their clients.

Arico is expected to appear in the Supreme Court in April over his appeal bid, while Madafferi does not have a future court date set.