Geoffrey Nettle appointed to investigate police officers involved in the Lawyer X saga

Police at the centre of the Lawyer X scandal could face criminal charges after a special investigator was appointed to probe their choice of informant.

Former High Court judge Geoffrey Nettle AC QC has been appointed as special investigator in the wake of the Lawyer X scandal.

Justice Nettle will probe whether any criminal or disciplinary charges should be laid against former and current Victoria Police officers over their use of criminal barrister Nicola Gobbo as a registered informer.

Legislation will be introduced to parliament later this year granting Justice Nettle special powers in his new role.

Almost $13.5 million has been allocated by the Andrews government for the Special Investigator’s work.

Ms Gobbo was used in three separate stints as a registered informer between 1995 and 2009 -and was critical in cracking the gangland war.

She was deregistered as an informer in 2009 to became a police witness in a murder trial which crumbled when Carl Williams was killed in prison.

Lawyer X Nicola Gobbo was used by police as a registered informer. Picture: ABC news.

Ms Gobbo will also be investigated over whether she committed any criminal conduct during her years as a police spy.

Justice Nettle will begin his role on July 19.

Justice Nettle sat on the High Court for five years in a distinguished 45-year legal career.

Prior to that he was appointed to the Trial Division of the Victorian Supreme Court Court in 2002 and was later elevated to Court of Appeal.

He gained his law degree from Melbourne University and also graduated as a Bachelor of Civil Law from the University of Oxford.

Justice Nettle was admitted to practice in 1977 and joined the Victorian Bar in 1982.

He was appointed a Queen’s Counsel a decade later.

He practised in state and federal courts principally in commercial, equity, taxation and constitutional matters.

Former High Court judge Geoffrey Nettle AC QC has been appointed as special investigator.

In 2019, Justice Nettle was appointed a Companion of the Order of Australia for eminent service to the judiciary and to the law.

The government said the appointment was an important step forward in restoring confidence in the justice system – ensuring that possible criminal conduct or police misconduct was investigated.

Attorney-General Jaclyn Symes said it was crucial the integrity of the justice system was restored.

“We’re getting on with the work of restoring the integrity of the justice system by implementing the Royal Commission’s recommendations – ensuring our justice system has Victorians’ confidence and trust.”

“Justice Nettle’s extensive and wide-ranging experience at the highest levels of the legal system will ensure a comprehensive, independent and fair investigation is completed into these matters.”

But questions have already been raised about a potential conflict of interest and whether the appointment could be challenged.

University of Melbourne law professor Jeremy Gans said the appointment raised interesting issues because of his prior involvement in the Lawyer X case.

Justice Nettle was a member of the High Court when it decided that Victoria Police was required to disclose Ms Gobbo’s identity as a human source.

Jeremy Gans

Geoffrey Nettle

“Nettle would be very good as an investigator in this context, but I do have some qualms about his prior involvement in the matter, and specifically the very strong language of that earlier judgment,” Prof Gans said.

“To be clear, I think Nettle would be great. But my concern here is whether people Nettle investigates would agree. Might they even challenge his appointment?” he said.

A government spokesperson said Justice Nettle’s prior involvement in the matter didn’t require the High Court to decide whether Victoria Police officers were involved in criminal or disciplinary offences, and the court did not consider that question.

“The integrity of the Special Investigator’s work is critical to restoring confidence in the criminal justice system,” she said.

“That’s why possible conflicts of interest were a key consideration in the recruitment process for the role — and no conflicts of interest have been identified in relation to Justice Nettle’s appointment.

Nicola Gobbo will also be investigated over whether she committed any criminal conduct.

“Justice Nettle has shown himself to be a leader in ethical practice, being awarded a Companion of the Order of Australia in part due to his service to professional standards.”

The spokesperson said legislation establishing the Special Investigator’s office would also provide a pathway for managing any potential conflicts of interest that may arise during an investigation.

Shadow Attorney-General Ed O’Donohue said the appointment should have been through a rigorous due diligence process.

“Justice Nettle is an eminent and highly respected jurist. It is critical for any senior appointment that it has been tested via a robust due diligence process to ensure there are no conflicts of interest,” he said.

“With so much time lost by the Andrews Labor Government, the urgent task is to now find a team of independent and experienced investigators who can test the allegations aired at the Royal Commission before even more evidence is lost.”