Gangland getaway driver walks free after Gobbo-tainted murder conviction quashed

Faruk Orman (in glasses) on the steps of the Supreme Court with his lawyers on Friday. Credit: Eddie Jim

A Melbourne man who has been in jail for more than a decade over a gangland hit has walked free after his murder conviction was quashed in the first case the courts have found was contaminated by barrister-turned-police-informer Nicola Gobbo.

Faruk Orman, 37,  said it was an overwhelming day after he walked down the steps of the Supreme Court a free man.

He was 25 when he was imprisoned for the 2002 murder of gangster Victor Peirce.

"After serving 12 years for a crime that I did not commit, I am looking forward to getting on with my life as a private citizen," Mr Orman said in a statement.

"A lot has been said about me, which I had no control over. I think that many people will think that I have come out of prison bitter and angry. I haven't. I have been lucky enough to have people who have supported me and fought for me."

He thanked his solicitor Ruth Parker, of Galbally Rolfe.

A smiling Faruk Orman greets supporters on Friday.Credit: Eddie Jim

"Ruth has lived this case with me for over a decade. She fought my appeals with me after my conviction and has been reviewing my case ever since."

He also thanked his barristers Carly Marcs Lloyd, who represented him when he was charged, and Paul Smallwood. He also thanked his fiance, who he was with before he went into prison.

"You have had to serve this sentence with me and our lives have been on hold," Mr Orman said.

To the family of Victor Peirce, Mr Orman said he was sorry for their loss.

"I understand that this process will have been just as traumatic for you as it was for me," he said.

When three Court of Appeal judges announced their decision to acquit Mr Orman shortly before 10am, Mr Orman held his head in his hands, wiped away tears and gave a thumbs up.

Mr Orman hugged Ms Parker and Ms Lloyd, who were also in tears, before he was enveloped by more than 20 of his family and friends. He embraced his elderly parents over the dock.

His was the first case in which the Court of Appeal has determined a miscarriage of justice occurred because of the role Ms Gobbo, known by the pseudonyms Informer 3838 and Lawyer X, played in his case.

Ms Gobbo acted as Mr Orman's lawyer after he was charged but she was also working for the police and encouraged a key gangland turncoat to become a witness against her own client.

Director of Public Prosecutions Kerri Judd conceded a "substantial miscarriage of justice" occurred in the case.

Ms Judd told the Court of Appeal that while Ms Gobbo acted as Mr Orman's lawyer, she told police the key prosecution witness against Mr Orman was considering not giving evidence.

"Ms Gobbo encouraged Victoria Police to visit him to 'put him straight', otherwise he was not going to give evidence," Ms Judd said on Friday.

"Ms Gobbo improperly took active steps to ensure that the principle Crown witnesss could give evidence against the appellant [Mr Orman]."

In police documents seen by The Age, Ms Gobbo told her handlers the witness was "seriously contemplating telling Purana to get f---ed" and the gangland detectives needed to vist him otherwise "he is going to give it all in."

The witness against Mr Orman, a man whose identity remains a secret, provided the crucial piece of evidence that convicted Mr Orman.

The witness claimed that Mr Orman confessed to being the getaway driver for Peirce's killer, Andrew "Benji" Veniamin.

Faruk Orman after his release on Friday.Credit: Eddie Jim

Ms Gobbo's conduct, and Victoria Police's use of her, is under investigation by a royal commission.

Mr Orman's lawyers claimed their client was kept in isolation in prison at the recommendation of Ms Gobbo in an attempt to break him and force him to give information about underworld figure Mick Gatto, who Mr Orman was a driver for.

Mr Orman was convicted of the 2002 murder on the basis he drove childhood friend and hitman Andrew "Benji" Veniamin to Port Melbourne to kill Peirce.

Mr Orman started doing odd jobs for Mr Gatto after working for a friend of his in the western suburbs.

He was there when Mr Gatto shot Veniamin dead in self-defence in a restaurant in Carlton.

On Friday, Mr Gatto, who partly funded Mr Orman's defence at his trial, told The Age it was good to see justice prevail.

"It's terrific news," Mr Gatto said.

"I hope that anybody who's been found to be perverting the course of justice gets dealt with the same as anyone else."

The three judges of the Court of Appeal – Chris Maxwell, Richard Niall and Karin Emerton – ruled Ms Gobbo’s conduct "subverted Mr Orman’s right to a fair trial, and went to the very foundations of the system of criminal trial. There was, accordingly, a substantial miscarriage of justice".

"We will order that the appeal be allowed, the conviction for murder set aside and in its place a judgment of acquittal be entered for the offence of murder," their ruling reads.

The judges said it would be unjust to order a re-trial because of the significant time Mr Orman has spent behind bars.

He was two years away from being eligible for parole and by the time a re-trial took place, he may spend more time in jail than his non-parole period.

Other prisoners appealing their convictions on the Informer 3838 principle are drug lord Tony Mokbel and drug trafficker Rob Karam who was jailed over one of Australia’s biggest Calabrian mafia drug busts – 4.4 tonnes of ecstasy pills stowed in tomato tins.

The scene of the fatal shooting of Victor Peirce in Port Melbourne.Credit: Simon Schluter

Methamphetamine cook Zlate Cvetanovski, who has about 18 months left of an 11-year sentence, is also appealing his conviction.

There are also questions over the case of drug trafficker Francesco Madafferi, who went down alongside Rob Karam, Pat Barbaro and Pasquale Sergi for the ecstasy in the tomato tins, because of allegations Ms Gobbo assisted with the investigation before she represented ringleader Barbaro in court.

Statement of Faruk Orman

The following is a statement from Faruk Orman on his release from prison today.

“Today I am most grateful to have been released after over 12 years in custody. It has been an overwhelming experience for me and those close to me. After pleading not guilty at trial and using every appeal avenue I had available to me, it was only through the bravery of the Attorney General’s decision that I was able to have my matter referred back for an appeal.  To the Honourable Jill Hennessy I am eternally grateful.

I have been so lucky, throughout this experience, to have people who believed in me and fought for me. I would really like to thank Ruth Parker, my solicitor, and the whole team at Galbally Rolfe. Ruth has lived this case with me for over a decade. She fought my appeals with me after my conviction and has been reviewing my case ever since. Even in 2015, she was still pursuing our avenues even though we kept coming up against blocked paths. And a special thanks for the counselling also!

I would like to thank Carly Lloyd and Paul Smallwood, my barristers, for their tireless work and support. I was lucky enough to have Carly with me when I was charged with this crime. Today I was just as lucky to have her there when I was acquitted.  Ruth, Carly and Paul all jumped on board and supported me at a time when no one knew the extent of the damage that had been done by Nicola Gobbo and the Victoria Police.

I want to thank my lawyers’ families for the sacrifices that they have made so that Ruth, Carly and Paul could work on my case. I know that you have all made financial and personal sacrifices in order to help me and I am so grateful to you all, including the kids who have had to put up with their mothers being on the phone to me a lot!

To Bret Walker SC and Ruth Shann, thank you for agreeing to become involved in my matter if required. Your willingness to do so meant the world to me. I also want to acknowledge and express my gratitude to the late Mr. Shirrefs SC, whose diligence and passion has assisted me to this day, as well as the team who supported him.

I would like to thank my parents, immediate family, my very close friends (you know who you are) and everyone who has supported me throughout the years, in a variety of ways. I will be eternally grateful for your relentless support over the years.

To my beautiful partner, who has loved me and supported me, who hasn’t missed a week of visits, I cannot put into words how much you mean to me. You have had to serve this sentence with me and our lives have been on hold. We have our time now and I look forward to our future together.

I understand that there is a victim in this matter and his family. To the Peirce family, I am sorry for your loss. I hope that you get the appropriate support and care that you need, because I understand that this process will have been just as traumatic for you as it was for me.

After serving 12 years for a crime that I did not commit, I am looking forward to getting on with my life as a private citizen. I am sure that there will be more revelations from the Royal Commission, which may give all of us affected some answers, even though we may never know the full truth about what’s actually happened.

A lot has been said about me, which I had no control over. I think that many people will think that I have come out of prison bitter and angry. I haven’t. I have been lucky enough to have people who have supported me and fought for me.

Right now, I just want some privacy to be with my partner and my family.

Thank you to everyone who has shown an interest in my case. Any further queries can be directed to Ruth Parker at Galbally Rolfe.

Sincerely yours,

Faruk Orman”