Lawyer X ‘evidence’ reignites old police feud

Lawyer X is at the centre of yet another legal scrap, with former police union boss Paul Mullett using “fresh evidence” to reignite his battle with Christine Nixon.

Paul Mullett has reignited his court fight with Christine Nixon and Deputy/

Former police union boss Paul Mullett is using “fresh evidence” unearthed in the Lawyer X Royal Commission to reignite his years-long battle against former Police Commissioner Christine Nixon.

The ex-Victorian Police Association secretary sued Ms Nixon in 2016 claiming she unlawfully suspended him from duty in 2007 as he was investigated over accusations he leaked sensitive operational information.

He lost the fight, but five years later is using the fresh evidence ground to appeal the decision after he gathered documents from the 2019-2020 Royal Commission into the use of police informant, lawyer Nicola Gobbo.

Paul Mullett outside court in 2016. Picture: David Crosling

Mr Mullett claims if these 43 crucial documents were disclosed at the time of his 2016 trial, they would have “significantly altered the course of the proceedings” to have swung the result in his favour, or given a “reasonable possibility” that it would have.

His lawyer Peter Chadwick QC told a Supreme Court directions hearing that the fresh evidence gave “rise to the conclusion that a different result would have been obtained if these documents had been available to the parties at the time”.

Mr Mullett has taken action in the Court of Appeal against Ms Nixon, Deputy Commissioner Kieran Walshe and Detective Superintendent Wayne Taylor, and added new respondents in the State of Victoria and Chief Commissioner of Police Shane Patton.

Richard Knowles QC, for Ms Nixon, Mr Walshe and Det Sup Taylor, asked Mr Mullett’s legal team to put forward more information about the “very serious allegations made against my clients”.

Dr Ian Freckelton QC, representing the State Government and Chief Commissioner Patton, agreed that more information was needed because it goes to the “very heart of what’s being contended”.

Their clients have been asked to formally respond to Mr Mullett’s claims.

In 2016, Mr Mullett faced a three-week trial where he argued his “unlawful” suspension while head of the police union in 2007 constituted malfeasance in public office.

When he was suspended, Mr Mullett was subjected to investigation over allegations he leaked sensitive operational information alongside then Assistant Commissioner Noel Ashby and Victoria Police media director Stephen Linnell.

The years-long dispute ended when Justice Terence Forrest found Mr Mullett “failed to establish any misuse or abuse of power by a holder of public office”.

He was a “fierce adversary” to Ms Nixon, Justice Forrest found, who had “sound motive” for wanting him removed from his position at the police association.

The appeal matter will return to the Supreme Court at a later date.