Legal Services Board clears Fin McRae over Lawyer X scandal

Victoria Police’s top lawyer has been cleared over his role in the Lawyer X scandal, despite a royal commission claiming he “persistently” failed in his professional duties over the saga.

Fin McRae arrives to give evidence at the Lawyer X royal commission. Picture: AAP

Victoria Police’s top lawyer has been cleared by the Victorian Legal Services Board over the role he played in the Lawyer X scandal.

The board — a regulatory and disciplinary body for lawyers — released a statement this morning absolving the force’s executive director of legal services, Findlay McRae, over the handling of the Nicola Gobbo scandal only after the Herald Sun on Thursday told the body it was aware of its findings and asked for confirmation.

It has taken the body 15 months to make any public statement about its decision.

The Herald Sun in 2014 advised the VLSB about Lawyer X informing on her clients to Victoria Police.

It took no known action.

VLSB spokesman, Anthony Loncaric, released a statement on Thursday saying: “We have now concluded our investigation into the matters referred to us by the Royal Commission into the Management of Police Informants regarding the conduct of the Executive Director of Legal Services at Victoria Police Findlay McRae.”

Nicola Gobbo informed against her clients to Victoria Police. Picture: ABC News

“Having conducted a thorough examination of these matters, we have determined Mr McRae’s conduct does not constitute unsatisfactory professional conduct or professional misconduct and we will not be taking disciplinary action.’’

Mr McRae, who has headed up the force’s legal department for more than 15 years, was accused of “persistently” failing his professional duties to the administration of justice and the courts by not disclosing the extent of Ms Gobbo’s history with Victoria Police, according to the Royal Commission into the Management of Police Informants.

Mr McRae’s involvement in the Lawyer X matter largely involved dealing with the aftermath of the legal ramifications of Victoria Police’s decision to turn Ms Gobbo into a registered informer as she sued the force.

The matter was referred to the VSLB by the Royal Commission into the Management of Police Informants in 2020.

Mr McRae held meetings with the Director of Public Prosecutions in 2012 about Gobbo’s registration as informer 3838.

But in Commissioner Margaret McMurdo’s final report she wrote the disclosure “fell short of the commission’s expectations of the most senior lawyer in Victoria Police.”

Victoria Police has supported Mr McRae throughout.

Police Chief Commissioner Shane Patton has stood by Mr McRae. Picture: Ian Currie

“I have absolute confidence in Fin and he remains a valued part of my senior leadership team,’’ Victoria Police Chief Commissioner Shane Patton said.

“I’ve never once doubted his professionalism or conduct and it’s no surprise the Victorian Legal Services Commissioner has decided not to take any action against him.”

Mr McRae was awarded the Law Institute of Victoria’s top gong, the President’s Honorary Award, in 2015.

He was crucial in dealing with the fallout of the Gobbo crisis, which resulted in a withering ruling by the High Court of Australia about the conduct of Victoria Police.

Mr McCrae was also central in a payout to Ms Gobbo of $2.88 million after she sued the force and played a key role in its five year court fight to suppress her status as an informer from being disclosed to her clients or the public.

As head of the force’s legal division, Mr McRae oversees a staff of approximately 600 and a budget exceeding $65 million.

Mr McRae gave evidence to the royal commission, denying any wrongdoing or misconduct, stating he had “exposed’’ the Lawyer X fiasco.

Mr McRae said he had upheld his legal duties while representing the interests of the chief commissioner and also was focused on protecting Ms Gobbo’s safety.

Ms McMurdo was critical of the disclosure efforts of Victoria Police of Ms Gobbo’s role to the Director of Public Prosecutions.

“This required him to inform the DPP of the extent of Ms Gobbo’s relationship with Victoria Police to enable the DPP to meet ongoing disclosure obligations in past, current and pending cases. He seems to have persistently failed in his duty to do so,” she stated.

Mr McRae could not be contacted for comment this morning.