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This was published 4 years ago

Better Zlate than never: Gobbo taint lets Mokbel associate walk from jail

By Adam Cooper and Tammy Mills

A man jailed as one of Tony Mokbel's drug traffickers has been granted bail after 11 years in prison, because of concerns about the role lawyer-turned-informer Nicola Gobbo played in his conviction.

Zlate Cvetanovski was released from Loddon Prison on Tuesday afternoon after his former wife offered a $400,000 surety.

Zlate Cvetanovski after his release from Loddon prison on Tuesday.

Zlate Cvetanovski after his release from Loddon prison on Tuesday.Credit: AAP

Outside jail for the first time in more than a decade, he said he was glad to be free of the nightmare that began in 2006 when he became a "target" of Ms Gobbo.

"It's been quite a journey and I wouldn't wish it upon many people however, unfortunately, I've had to live through it and I've come out, I think, a better man," he said.

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Cvetanovski said he was "over the moon" upon hearing he'd be freed and said he'd celebrate quietly and simply with his family.

He is challenging his conviction as he argues it was tainted because of Ms Gobbo's role as his lawyer, while she was passing information onto police.

It has also emerged Cvetanovski was convicted on the evidence of a drug cook, whom Ms Gobbo had convinced to speak with police.

The Court of Appeal on Tuesday ruled Cvetanovski's appeal was "reasonably arguable" and found he met exceptional grounds for bail required for release.

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Justice David Beach said the issues Cvetanovski raised in his appeal against conviction were very serious and raised the prospect that a grave injustice had occurred.

"We regard the grounds of appeal as reasonably arguable," Justice Beach said.

Nicola Gobbo with Tony Mokbel.

Nicola Gobbo with Tony Mokbel.Credit: Vince Caligiuri

The concerns, he said, "establish a real risk of injustice of the kind to which we have referred".

In a statement released to The Age, Cvetanovski thanked his lawyer Ruth Parker and her colleagues at Galbally Parker Lawyers, and barrister Julie Condon, QC.

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"I am so grateful to you all for agreeing to represent me, particularly in these challenging times," he said.

"I express my most heartfelt thanks to my family for their unwavering support and belief in me. I have spent over 10 years in prison and I look forward to reconnecting with my family.

"In due course, my matter will proceed through the appropriate appeal channels and we will learn more about Nicola Gobbo’s conduct and the conduct of the Victoria Police. I look forward to having that information disclosed to me.

"Now that my matter is before the courts, however, it would be inappropriate for me to make any further comment. Thank you to everyone who has shown an interest in my case and to those who have supported and represented me."

Cvetanovski was arrested in 2006 at a drug laboratory in Strathmore that was under Mokbel's control, and was later found guilty of drug trafficking charges.

But he argues his convictions were tainted because Ms Gobbo represented both he and the drug cook, but that she helped direct police to the lab's location. She also convinced the cook to give evidence against Cvetanovski, the court previously heard.

Cvetanovski's lawyers argued that after he and the cook were arrested, Ms Gobbo provided police with notes about the strength of the case against the cook and recommended more charges against Cvetanovski.

Neither man knew Ms Gobbo was a registered police informer while she acted as their lawyer.

Cvetanovski will be eligible for parole in August but pushed for bail because his lawyers argued he had been the victim of a substantial miscarriage of justice.

The Court of Appeal acknowledged it was rare to grant bail to a person whose appeal was yet to be finalised, as an ultimately unsuccessful challenge would create the risk of that person fleeing rather than returning to jail to complete a sentence.

But the court found the fundamental principle of fairness was at stake, and reached the conclusion Cvetanovski had satisfied the requirement to show exceptional circumstances to be granted bail.

His appeal against conviction will be heard at a later date.

Mokbel is also appealing against his convictions on drug trafficking charges given Ms Gobbo's role as his lawyer while she was snitching to police.

Mokbel and others in his cartel have been hopeful of winning their appeals since last year, after Faruk Orman had a murder conviction quashed and was released from prison when the Court of Appeal found Ms Gobbo's involvement contaminated his conviction.

With AAP

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Original URL: https://www.theage.com.au/link/follow-20170101-p54ua5