Police seek protection against criminal charges in Nicola Gobbo lawsuit

Victoria Police is seeking special legal protection to prevent officers who may have committed crimes while supervising barrister-turned-informer Nicola Gobbo from being prosecuted if they admit to breaking the law while under oath during her compensation lawsuit.

The legal move, which is highly unusual for sworn and former serving police personnel to seek, came on Monday — the opening day of the trial on Gobbo’s legal claim against the state of Victoria over allegations her life was ruined and her safety put at risk through “negligence” and “malfeasance in public office” by a number of high-profile officers.

Nicola Gobbo in 2017.

The lawsuit was filed more than three years ago and was recently “capped” at a potential compensation payout of $1 million by a special law enacted by the Victorian government.

Gobbo will testify during the four-week trial but will not appear in court physically due to serious security concerns.

The court heard that lawyers for the state of Victoria – on behalf of Victoria Police – are seeking to make applications for what is known as a Section 128 certificate against self-incrimination for police witnesses, which would immunise any officer testifying from later prosecution.

These certificates are issued by a court when there are concerns a witness could admit to committing a criminal act that could potentially result in charges.

At least two police detectives have already had to receive certificates while providing evidence in appeals against convictions by Gobbo’s clients.

No police officer has ever been criminally charged over their involvement in the Gobbo saga and the Director of Public Prosecutions has refused to bring any cases against current or former officers.

It remains unclear which Victoria Police officers would seek a Section 128 certificate in the Gobbo lawsuit.

In the statement of claim for the lawsuit, Gobbo has named more than a dozen officers as those she allegedly collaborated with or who were responsible for her tasking and oversight.

Justice Melinda Richards, who is hearing the case, said she would not provide any certificates in advance of the witnesses appearing in the witness box, despite police lawyers making the special request last week.

Gobbo would also likely seek a certificate against self-incrimination, the court was told by her barrister, Tim Tobin.

The cornerstone of Victoria Police’s defence of the lawsuit is that they owed no duty of care to Gobbo because she had potentially committed crimes while she was acting as an agent of police from 2005 to 2009.

During this period, Gobbo informed on dozens of clients and allegedly collaborated with police in manipulating criminal proceedings.

Gobbo has never been charged with a crime. The Age does not suggest Gobbo committed any criminal acts, only that Victoria Police is seeking to use the allegation as a legal tactic.

In opening arguments, Gobbo’s barrister, Jessie Taylor, said the court would hear evidence that Gobbo had been “groomed” by Victoria Police, which included reading an excerpt from a psychological report that broadly compares what happened to Gobbo to the experience of child abuse victims.

“(Gobbo) realised, in retrospect, particularly from her work with a psychologist, that there were certain aspects of her psychological make-up and personality which led her to want to please, to be desperate for approval and to fit in, and to want to work hard to excel at her endeavours, and at the combination of these attributes, together with her emotional naivety, led her to be very vulnerable to the influences of some senior police figures who are quoted as having spoken to her and dealt with her in such a way that, in my opinion, did constitute grooming,” the expert’s report said.

Taylor said police took advantage of Gobbo’s concern for her safety, her people-pleasing personality and desire to find a sense of belonging.

”Her vulnerability was blatantly obvious to Victoria Police,” she said.

Taylor told the court that every time Gobbo reached out to police with information, she was seeking help.

“She asked the police for help, they laid the bait, so she started talking.“

The hearing will continue on Tuesday.

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