New laws to target police secrecy

The explosive Lawyer X scandal has triggered a tough new law that aims to end police’s ability to hide “relevant’’ information.

Sweeping new reforms in the wake of the Lawyer X scandal will tighten laws surrounding the police’s ability to hide “relevant’’ information from those they are prosecuting.

The new laws are the most significant yet to be introduced to Victoria’s parliament as a result of the police’s use of criminal lawyer Nicola Gobbo as a registered police informer against her own clients.

Gobbo snitched on gangland clients Tony Mokbel, Carl Williams and Rob Karam as well as mafia figures.

The scandal was exposed by a five-year campaign by the Herald Sun to expose Victoria Police and Gobbo’s undermining of the justice system, which sparked a High Court ruling, a royal commission and a wave of appeals.

The Andrews Government released a statement on Tuesday detailing its intention to continue enforcing recommendations made by the Royal Commission into the Management of Police Informants - aka the Lawyer X royal commission.

Gobbo snitched on gangland clients Tony Mokbel, sparking the Lawyer X royal commission.

“The events that led to the Commission have shown that the failure to disclose relevant information during criminal proceedings can have serious consequences – including miscarriages of justice and convictions being overturned,’’ an Andrews Government statement said.

“Legislation introduced into Parliament today (Tuesday) will improve disclosure obligations as part of criminal proceedings by clarifying informants’ (usually police) obligations to provide the Director of Public Prosecutions with all relevant information to ensure criminal prosecutions are conducted fairly and in line with Victoria’s laws.’’

As part of the reforms police will complete a disclosure certificate identifying information being withheld from the brief of evidence.

Other parties, such as the defence, can then seek a ruling from a court to have the information disclosed.

The law will stop any repeat of hiding issues which could tarnish the credibility of a prosecution witness – such as their criminal history, police payments made to them or other inducements, such as a reduction in charges because of their cooperation with police.

Such deals were prominent during gangland prosecutions but were not disclosed.

The Justice Legislation Amendment (Criminal Procedure Disclosure and Other Matters) Bill 2021 will also bring in other changes, such as;

*CLEARER sentencing indication for those who plead guilty at an early stage which will fast-track the case and cut case backlogs.

*VICTIMS of harassment or stalking to be able to make online Personal Safety Intervention Orders (PSIO),

*SURVIVORS of family violence to give evidence remotely preventing them coming face-to-face with a perpetrator.

Attorney General Jaclyn Symes said the government was committed to implementing all recommendations handed to it.

“The Royal Commission shone a light on the gaps in our justice system which we cannot ignore - that’s why we’re getting on with implementing all of the recommendations directed to us,’’ she said.

“The safety and wellbeing of all victim-survivors and their experience of the justice system is at the core of a number of reforms we’re delivering.

“Allowing the County and Supreme Courts to provide sentence indications will help the courts to deal with criminal cases faster and deliver better outcomes for many victim survivors.’’

The Andrews Government and Victoria Police has spent approximately $200 million on the Lawyer X scandal.