Lawyer X asked to testify in drug lord Rob Karam’s appeal

She helped police lock him up when she became a snitch but now Lawyer X, Nicola Gobbo, has been asked to give evidence in drug lord Rob Karam’s appeal.

Prosecutors have asked whether Lawyer X could give evidence in the appeal of a former friend she helped jail, drug lord Rob Karam.

The spectre of barrister turned police informer Nicola Gobbo testifying in Karam’s marathon appeal bid was raised in the Victorian Supreme Court on Monday, which was told inquiries had been made as to the former barrister-turned-informer’s availability.

But so far Gobbo, who informed on numerous clients as registered informer 3838, has remained silent.

Gobbo’s whereabouts were suppressed during a royal commission into her conduct due to the danger she faces after duping the underworld, including Karam, Tony Mokbel and the mafia.

It is understood she is in hiding overseas and may be under police protection.

Rob Karam outside the County Court.

Barrister Raelene Sharp, representing the Commonwealth Director of Public Prosecutions, said “some inquiries’’ had been made about Gobbo’s availability but that there had been no reply.

Justice Robert Osborn said Gobbo was a “material witness’’ in the Karam case.

“She is a material witness but I accept that there may be collateral matters I may not be aware of,’’ Justice Osborn told the court.

”Ordinarily, if she were regarded as a witness of truth and reliability you would at least be considering putting her forward …”

“I accept that I may have jumped too quickly but it’s quite a big thing when the whole case seems to substantially turn on written records of what Ms Gobbo did or what Mr Karam says Ms Gobbo did, not to call Ms Gobbo.

“It’s what makes this case somewhat unusual.’’

The relationship Gobbo struck with Karam was both as friend and lawyer.

But Gobbo was snitching on Karam in the mid to late 2000s.

Significantly, the context of how Gobbo obtained information from clients who were friends has been relevant as to determining legal obligations of confidence.

In May, 2007, Karam gave a shipping document to Gobbo during an unrelated court case in which she was his lawyer.

Gobbo would photocopy the document, known as a bill of lading, and hand it to police, leading authorities to a record seizure of 15 million ecstasy pills hidden in tomato tins.

Lawyer X Nicola Gobbo. Picture: ABC News

Karam was also convicted of other major drug-trafficking offences, which he claims Gobbo drew him into before stinging him.

He was the first jailed criminal to appeal his convictions on the Lawyer X principle in 2016.

But his case has been dragged out.

Among the issues include legal fights over the production of documents, the relevance of some of his arguments, and whether police officers can be cross-examined in open court.

The sensitive nature of police work and its intelligence gathering tactics have been laid bare by the Lawyer X fiasco.

It has led police and prosecutors to indicate the Karam case to be dealt with in closed court.

It is a scenario Justice Osborn is keen to avoid.

“It’s not a matter that’s going to proceed without public interest,’’ Justice Osborn said.

“I am inclined to try and arrive at an order that deals with the public interest issues.

“I would be very troubled if it was suggested this whole matter should proceed in closed court.

The tomato tins haul.

“It seems to me on the face of it that’s a matter of real sensitivity.’’

Justice Osborn said Karam and the prosecution will each raise ‘’relationship’’ evidence and the context of which ‘’various things were said and done’’.

“Each side puts a different complexion on it,’’ he said.

The court heard that the full bench of the Court of Appeal should rule upon substantial issues the parties could not agree upon before the case could proceed.

Karam, who is serving a 37-year jail term, was earlier this year moved from Barwon Prison to a medium security jail.