Tony Mokbel’s lawyer says state not interested in finding truth on Lawyer X scandal

Tony Mokbel’s lawyer has accused the state’s top prosecution of not “seeking the truth’’ over the Lawyer X scandal.

Tony Mokbel’s lawyer says the state is not interested in finding the truth on Nicola Gobbo.

Tony Mokbel’s lawyer has sent a stinging criticism to the state’s top prosecution body, accusing it of not “seeking the truth’’ over the Lawyer X scandal.

Barrister Ruth Shann SC, who is representing Mokbel in his fight to overturn multiple drug convictions for which he is serving 30 years jail time, told a Court of Appeal directions hearing on Wednesday the DPP, headed by Kerri Judd QC, had a duty to search for the truth in what occurred with lawyer turned police informer Nicola Gobbo in Mokbel’s case rather than “win at all costs’’.

To do so, Ms Shann said the DPP must demand disclosure from Chief Commissioner Shane Patton of all relevant documents being denied to Mokbel under public interest immunity claims. Mokbel’s legal team, who initially appealed in 2017, and the DPP have been unable to agree on the facts of the case before his appeal can be heard.

“The Crown doesn’t have an interest in getting an outcome at all costs,’’ Ms Shann said.

“They are supposed to find the truth.’’

Tony Mokbel’s lawyer Ruth Shann has slammed the DPP. Picture: AAP Image.

But Ms Shann said that wasn’t occurring as her client languished in jail.

“Arguably we’re dealing with the biggest legal scandal that the criminal justice system in this state has ever faced, which was done by the state’’ she said.

“We don’t have a DPP, we say, who is seeking the truth.’’

“We say, here is a document we need. What do they do? They say this is an issue for the Chief Commissioner of Police.

“Why are they not obliged to go and get that document and assist the court?’’

“To do everything to find the material when the state holds it.

“Why is the respondent (the prosecution) permitted to sit on its hands and oppose disclosure, rather than engage with the factual disputes?’’

Ms Shann said Mokbel’s legal team did not have all the documents the Lawyer X Royal commission had to make its findings.

Mokbel’s lawyers have also filed more than 400 questions for the prosecution to answer.

Crown prosecutor Brendan Kissane SC, acting on behalf of the DPP, dismissed Ms Shann’s criticisms.

“To suggest that the (office of the) director is not fulfilling its obligations … is completely beyond the pale ,’’ Mr Kissane told the court.

“We take this seriously..... We reject any suggestion we are not being a model litigant.’’

Mr Kissane added that the Lawyer X scandal was a ‘’special situation that no one has been in before.’’

The hearing was observed by barrister Susan Borg, who is working for the Office of Special Investigator the state government established in 2021 to look into any potential criminal conduct committed by Nicola Gobbo and Victoria Police.

The next hearing in Mokbel’s bid to walk free from prison is set to go to before three judges in April.