DPP won’t appeal damning finding against Justice Champion for breaching role in Lawyer X scandal

The DPP won’t appeal a scathing finding about Justice John Champion’s involvement in the Lawyer X scandal.

Victoria’s top prosecutor won’t appeal a finding that his predecessor breached his duty for failing to disclose Nicola Gobbo’s role as an informant to her criminal clients, including Tony Mokbel.

The damning finding against former Director of Public Prosecutions John Champion was made by NSW Supreme Court Justice Elizabeth Fullerton in a preliminary ruling in Mokbel’s appeal against his drug convictions over the Lawyer X scandal.

Barrister Thomas Wood, for the DPP, told the Court of Appeal on Thursday they would not appeal the finding, which Justice Fullerton ruled was likely an “error of judgment” by Justice Champion, who is now a Victorian Supreme Court judge.

Appearing via video link from Barwon Prison, Mokbel read the Herald Sun which was spread out on a table in front of him before the directions hearing began.

His lawyer, Julie Condon KC, revealed she would seek interstate judges to hear her client’s appeal which won’t be held until at least October 2025.

The damning finding against former Director of Public Prosecutions John Champion was made in a preliminary ruling in Mokbel’s appeal against his drug convictions over the Lawyer X scandal. Picture: Supplied

Justice Fullerton was brought in from NSW due to conflict-of-interest concerns for preliminary appeal hearings earlier this year.

Nearly 40 witnesses, including current and former police and Mokbel himself, were called to give evidence over 61 days of hearings.

Justice Fullerton’s judgement, which is due to be published on Thursday or Friday, made scathing findings against police and former DPP Justice Champion.

In a summary of her ruling heard last month, Justice Fullerton found Justice Champion was made aware of Ms Gobbo’s registration as a police informant during two meetings with senior police June and September 2012.

She said he had a duty to disclose that information to her clients and was in breach of duties when he failed to do so.

“I was unable to comfortably reach a conclusion as to why the director breached his duty of disclosure, other than it being a result of an error of judgement,” she said.

She also found that police took part in a “joint criminal enterprise” to pervert the course of justice when they used Ms Gobbo to bring Mokbel down.

Mokbel will return to court on May 16 for a further directions hearing.