Rocco Arico uses Lawyer X book to try prove Joe Acquaro was an informer

Jailed mafia don Rocco Arico has seized on this surprising piece of evidence in his bid to catch out his lawyer and a make a bid for freedom.

Jailed mafia don Rocco Arico has seized on a passage in the Lawyer X book in his bid to unravel his lawyer. Picture: Hamish Blair

Jailed mafia don Rocco Arico has seized on a passage in the Lawyer X book in his bid to unravel whether his lawyer, Joe Acquaro, informed on him before he was murdered.

Arico, who is appealing his convictions over extortion and drug trafficking, has cited passages in the 2020 book co-authored by Herald Sun journalists Anthony Dowsley and Patrick Carlyon in his quest to pry intelligence documents from Victoria Police.

The Lawyer X book, which details barrister Nicola Gobbo’s role as a police “human source”, revealed details of Acquaro’s use by the force as an informer.

It also included that Acquaro had made out of hours calls to a anti-gangland Purana detective in the days before his shooting death on March, 2016.

Arico believes the phone calls may be relevant to his case and is attempting to obtain all relevant documents relating to Acquaro’s activities with police from 2010 to 2016.

His barrister, Catherine Boston, said the calls were “important’’ and “unusual”.

“It is very unusual such calls would have been at that time of night from Mr Arico’s solicitor to one of the main detectives responsible for the investigation,” she said.

“That’s one reason we say it’s particularly important....”

Rocco Arico in 2016. Picture: David Crosling

The Herald Sun first revealed Acquaro had been a police informer in a 2018 article, two years after he was shot dead outside his Gelobar restaurant in Lygon St, Brunswick East.

Victoria Police subsequently contested Acquaro’s informer status in a court hearing, revealing he was assessed and rejected on two occasions to become a registered “human source’’ in 2008 and 2014.

But the Court of Appeal ruled last year Acquaro was an informer, even though unregistered, who had provided information about his clients.

Acquaro’s informing was largely centred on mob boss Frank Madafferi with whom he had a bitter falling out.

Ms Boston told the court a “culture’’ had existed within Victoria Police to recruit lawyers as informers.

She said her client would not have engaged Acquaro as a lawyer had he known of his informing history - a fact not disclosed to Arico before his trial.

“It’s not just the fact he (Acquaro) was an informer but how he was informing on his clients,’’ she said.

“Any information that Mr Acquaro informed on other clients and how he did that is capable of supporting the inference that Mr Acquaro informed on Mr Arico.’’

“Mr Arico understood he was Mr Acquaro’s last client until the time he was murdered, or killed I should say.’’

Lawyer X by Anthony Dowsley and Patrick Carlyon.

It also emerged during the Supreme Court directions hearing on Thursday that a threat was made to solicitor Anthony Condello, who had worked with Acquaro, six months after Acquaro’s death.

Details of the threat, which were investigated by police, were not revealed.

Barrister Sashi Maharaj, acting for Victoria Police Chief Commissioner Shane Patton, said there was “nothing untoward’’ about a Purana detective speaking to Mr Acquaro.

And she said Arico’s appeal was just a “fishing’’ exercise.

“This applicant is not entitled to roam at large in Victoria Police’s (intelligence) holdings to check for his name...’’ she said.

“Mr Acquaro was simply a consultant to Mr Arico.

“Mr Acquaro was not a material player in (Arico’s) trial in any event

given he had independent, separate, solicitors.

“Mr Acquaro had passed away at the time the trial commenced in this matter.’’

Ms Maharaj said a comprehensive record of police contact with Acquaro as an informer had already been tabled to the court.

“Beyond that is classic fishing territory, which ought not be permitted,’’ she said.

There was also argument over whether any privileged lawyer-client information pertaining to Arico was stored in a computer seized by police following Acquaro’s death, but before Arico’s trial.

The court was adjourned to a later date.