Nicola Gobbo civil trial: Ex-police chief Simon Overland accused of ‘reckless’ dereliction of his duty to Lawyer X informant
Lawyers acting for a gangland barrister turned police informant have accused a former police chief of “gross and reckless” failures.
Former Victoria Police chief commissioner Simon Overland has been accused of “gross and reckless” failures to protect barrister turned informant Nicola Gobbo on the second day of her civil trial.
Ms Gobbo, 51, is suing the State of Victoria for damages relating to her outing as Lawyer X or informant 3838 who passed information to police during a bloody underworld war in the 2000s.
The former high-profile barrister alleges her handling as a secret informer was negligent and she was induced into providing information, causing damage to her health and career after she was unmasked in December 2018.
Continuing their opening address at the judge-only trial in Victoria’s Supreme Court on Tuesday, Ms Gobbo’s lawyers said about a year after she was first brought on as an informant in September 2005, there were rumours swirling in the underworld that she was a “dog”.
Barrister Jessie Taylor told the court that Carl Williams had filed complaints with legal watchdogs and claimed he had proof she was a source, leading Victoria Police to begin discussing “exit strategies” for Ms Gobbo.
She said police notes from 2006 and 2007 discussed deactivating Ms Gobbo and suggestions they supply her with a trip to Los Angeles or Celine Dion tickets to express gratitude.
Ms Taylor told the court there was evidence officers at the source development unit wanted to stop using Ms Gobbo’s intel, but the steering committee for the source development unit, directed by then assistant commissioner Simon Overland, were pushing for continued use.
Mr Overland, who then headed the major drug squad and the Purana taskforce – tasked with ending the gangland war – later rose through the ranks to Victoria Police’s chief commissioner in 2009.
Ms Taylor told the court that she expected the State of Victoria to argue Ms Gobbo was well aware of the risks when she signed on as an informer, and senior officers, including Mr Overland, had little to do with Ms Gobbo’s handling.
But, she argued, 80 per cent of major drug squad investigations at the time were the result of human sources, and Mr Overland, as head of the steering committee, was among the best informed officers in best practice management of high-value sources.
Ms Taylor claimed it would be fanciful to suggest Mr Overland took barely any notice of the “glittering prize” that was Ms Gobbo.
“Given what he knew, if he did indeed look away, it was in gross and reckless dereliction of his duty,” she said.
Ms Gobbo has accused Mr Overland of misfeasance in a public office, alleging he should have acted to prevent her being enlisted as an informant.
Over the course of their opening address, Ms Gobbo’s lawyers have sought to paint her as a naive, young woman who found herself neck deep in an underworld she didn’t understand.
They claimed she turned to police for help, was promised assistance if she provided information and that her identity would never be outed.
But, her lawyers argue, Victoria Police were negligent in their handling of her, ultimately causing her to go into hiding, where she remains, out of fear of reprisals.
Her barrister Tim Tobin SC gave an insight into Ms Gobbo’s life after she was revealed to be informer 3838, moving nine or 10 times in the space of 18 months.
On one occasion, he told the court she was whisked away in the middle of the night for 10 days after concerns a man in a leather jacket was acting suspiciously.
He was found out to be house hunting, Mr Tobin said.
Mr Tobin told the court Ms Gobbo had changed her name and likeness but at times had found herself linked back to her old identity causing fear and stress.
He said she was suffering mental and physical health issues and accessing treatment was difficult.
“She’s stuck in a holding pattern. It’s causing her great vexation, inconvenience and increasing the problems of her injuries,” he said.
The State denies it owed Ms Gobbo a duty of care, and argued she provided information voluntarily and with a full appreciation of the risks involved.
The court was told Ms Gobbo is expected to give evidence this week, remotely and with steps taken to hide her image.
The hearing, expected to run for four weeks, continues.
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