Former cops Jim O’Brien, Dale Flynn worked with Lawyer X to bring down Tony Mokbel
The identities of two police officers who a judge found took part in a “joint criminal enterprise” with Lawyer X to bring down Tony Mokbel can be revealed after a media gag order was lifted.
Police & Courts
Don't miss out on the headlines from Police & Courts. Followed categories will be added to My News.
Purana task-force boss Jim O’Brien and detective Dale Flynn can be revealed as the former cops found by a judge to have taken part in a “joint criminal enterprise” with Lawyer X to manipulate a witness.
The Herald Sun can name the pair, who have not faced criminal charges, after they lost a court bid on Tuesday in which they argued their reputations would be destroyed and they would suffer mental harm if they were named.
NSW Supreme Court Justice Elizabeth Fullerton last year found the men were part of a “joint criminal enterprise” to attempt to pervert the course of justice when they worked with Nicola Gobbo, known as Lawyer X, to bring down her client, recently bailed drug boss Tony Mokbel.
The scathing finding was in relation to a plot between four police officers and Ms Gobbo to set up another of her clients, a Mokbel drug cook known by the pseudonym Mr Cooper, to turn him against the cartel.
On the advice of Gobbo, Mr Cooper, who had no idea his lawyer was a double agent, pleaded guilty, took part in a sting operation and gave evidence against Mokbel and his associates.
The Court of Appeal on Tuesday heard the Director of Public Prosecutions will appeal the finding by arguing there was no evidentiary basis and Mr O’Brien and Mr Flynn were denied procedural fairness.
The men kept their identities secret for more than three months as they sought a suppression order on their names, which was opposed by the Herald Sun and other media organisations.
Mr O’Brien led the gangland-busting Purana task-force which was set-up to stop the Melbourne gangland war and major drug syndicates, while Mr Flynn was a senior detective within the squad.
Barrister Renee Enbom KC, for the former officers, last year argued her clients were denied procedural fairness as allegations of criminal wrongdoing were not put to them when they gave evidence at a preliminary appeal hearing for Mokbel.
Psychiatric evidence was also relied upon amid concerns about how their mental health would be affected if they were identified.
But Justice David Beach refused the order, saying non-publication would “undermine confidence in the administration of justice”.
“Any redactions to any judgment makes the judgment less transparent, potentially causing questions to be asked as to what else about the Lawyer X scandal is now being hidden from public view,” he said in his written reasons.
An interim suppression order remained in place while the men appealed the decision to the Court of Appeal, which dismissed the appeal late last year.
The decision was then stayed pending an appeal to the High Court.
On Tuesday, Ms Enbom told the Court of Appeal her clients had not sought special leave to appeal in the High Court.
She instead launched a fresh suppression order application in light of the DPP’s appeal, which could see the finding overturned.
Chief Justice Richard Niall and COA President Karin Emerton refused the order, saying it was not necessary to prevent the risk of prejudicing the proper administration of justice.
The DPP appeal is expected later this year.
Erin says she searched for information about death caps
Accused triple killer Erin Patterson has told a jury she wanted to find out if death cap mushrooms grew in South Gippsland as she was quizzed about her search history.
Accused beef wellington killer accused of having ‘two faces’
Mushroom cook Erin Patterson had “two faces” and pretended to love her in-laws before she allegedly murdered them with a poison beef wellington meal, a prosecutor in the Supreme Court trial has claimed.