Tony Mokbel launches legal action over breach of his human rights

Jailed drug baron Tony Mokbel has launched legal action claiming being locked up too long is breaching his human rights.

Drug lord Tony Mokbel has launched legal action against the state government and Barwon Prison claiming his human rights have been breached.

The evil underworld figure, who is serving 30 years at the maximum security facility for three counts of trafficking, alleges he has been “treated or punished in a cruel, inhuman or degrading way” because he’s been “deprived of liberty … to be in the open air for at least one hour each day.”

Mokbel, 57, states there have been 18 days since August this year when he has been locked up for stints longer than 24-hours at a time.

In papers lodged with the Supreme Court this month, Mokbel claims this damaged his welfare and harmed his physical and mental health.

Tony Mokbel claims he has spent 18 days since August locked up for longer than 24 hours. Picture: AFP

“A series of decisions resulted in (Mokbel) being locked in a cell for more than 24 hours,” the documents read.

“The Corrections Act 1986 provides (Mokbel) with an express right … to be in the open air for at least an hour each day.” It continues that when the state government or prison decides to limit Mokbel’s rights under the criminal act, it can’t breach the human rights charter unless “proper consideration has been given.”

The legal action is against the Secretary to the Department of Justice and Community Safety and the Governor of Barwon Prison.

Corrections Victoria replied to the action last Friday, admitting the restrictions would cause “mental and physical health deterioration” but adding “despite the harms caused, the conditions of confinement are necessary and therefore lawful.”

Mokbel was attacked while in the yard of Barwon Prison in 2019. Picture: ABC

Mokbel was the victim of a horrific bashing and stabbing in the mainstream section of the prison in February 2019 at the hands of 21-year-olds Teira Bennett and Eldea Teuira. He suffered three chest wounds, a brain haemorrhage and a fractured skull.

After several weeks receiving medical care at St Vincent’s Hospital, Mokbel was transferred to the high-security Melaleuca unit of the prison, with a small group of inmates.

But in April he was still deemed to be a high prison target and was then moved into isolation, where he has been ever since.

The court documents allege he was not allowed out for fresh air for four consecutive days in one particular stint last month.

Mokbel is also fighting to walk free from prison, arguing his former barrister Nicola Gobbo – Lawyer X – was snitching to police while representing him.

A delay in Victoria Police handing over documents in that case meant Mokbel run out of money to fund his legal team, headed up by Ruth Shann, SC.

Mokbel then turned to Victoria Legal Aid for help, which was granted, but his new team argued it was not enough money,

In previous hearings, regarding the Lawyer X matter, the court heard Mokbel was dealing with a “high level of stress” since filing his appeal five years ago.