This was published 4 years ago
Clean Zlate: Mokbel trafficker's conviction quashed in wake of Gobbo scandal
By Chris Vedelago and Tammy Mills
The conviction of a drug trafficker who worked for the Mokbel crime family has been overturned in the second case to fall in the wake of the Lawyer X scandal.
Zlate "Steve" Cvetanovski, who had been behind bars for 11 years, had his conviction for drug trafficking quashed today after the Court of Appeal found a substantial miscarriage of justice had occurred in his case.
"Today hopefully marks an end to a traumatic, frustrating and confusing period of my life," Mr Cvetanovski said in a statement.
"It is distressing beyond explanation to have to realise that, in a trial where you were attempting to defend yourself, the very basics of procedural fairness were denied you by people who swore an oath to uphold the law."
The 54-year-old, who was granted bail in May, appealed his conviction for trafficking in a large commercial quantity of the drug ice amid concerns his case had been corrupted by the actions of his former barrister, Nicola Gobbo, known as Lawyer X and Informer 3838 for her role as a double agent and police informer.
Justices Chris Maxwell, David Beach and Mark Weinberg said the failure of Victoria Police to disclose
Ms Gobbo's role and that secret payments were made to the key witness against Mr Cvetanovski resulted in a substantial miscarriage of justice.
The court was told that detectives from the gangland taskforce Purana paid at least $10,000 into the witness' prison account over a five-year period from 2006 to 2011. During this period he was a jailhouse witness in dozens of cases and investigations.
Under the law, any compensation provided to a witness must be disclosed in criminal proceedings because they are considered "inducements" that can affect a witness' credibility.
Zlate Cvetanovski outside the Court of Appeal on Friday.Credit: Nine News
"The failure of Victoria Police to disclose financial payments to Mr Cooper [a pseudonym] prevented [Cvetanovski] from properly testing Mr Cooper's evidence which was central to the prosecution case, resulting in a substantial miscarriage of justice," Chief Crown prosecutor Brendan Kissane, QC, wrote in submissions to the Court of Appeal.
Justice Maxwell, the president of the Court of Appeal, said the Crown's concession was properly made.
Tony Mokbel outside the Supreme Court in 2006.Credit: Angela Wylie
The non-disclosure of Ms Gobbo's involvement and the payments the key witness against Mr Cvetanovski received, meant Mr Cvetanovski was unable to properly interrogate the witness.
"The principles governing disclosure are fundamental to the integrity of criminal trials and to the maintenance of public confidence in the administration of justice," Justice Maxwell told the court.
The key witness, a drug cook known by the pseudonym Mr Cooper, turned police witness after Ms Gobbo simultaneously informed on and represented him.
Ms Gobbo not only acted as Mr Cvetanovski's legal adviser, she acted as Mr Cooper's lawyer too, persuading him to co-operate with police and incriminate Mr Cvetanovski, according to the Court of Appeal judgement.
Mr Cooper's evidence was used to bring down Mr Cvetanovski and 23 other people, including drug boss Tony Mokbel.
Today’s Court of Appeal decision could have major repercussions for those convictions.
Mr Cvetanovski said the revelations of the conduct between Ms Gobbo and sections of Victoria Police have been shocking and scandalous.
"It's difficult to express in a few words what it feels like to be shunned and stigmatised. This is what happened to me and my family," he said.
Mr Cvetanovski said he was grateful to the Director of Public Prosecutions for conceding the appeal and to the Court of Appeal for finding in his favour.
"It allows me to close the door on a chapter of my life where this wrongful conviction adversely impacted on me, my relationship with family and friends and my sense of self," he said.
"I am grateful to my family, who have remained by my side at times when I felt truly alone and supported me throughout this ordeal."
The case of Mr Cooper, Ms Gobbo's role in relation to him and Victoria Police's conduct has become the centrepiece of the Royal Commission into the Management of Police Informants, which found Mr Cooper provided sworn statements in 45 other major police investigations into drug trafficking and the criminal underworld.
Mr Cvetanovski’s appeal was headed by lawyer Ruth Parker, of Galbally Parker, who spearheaded the first successful appeal against conviction in connection with the Lawyer X scandal.
Faruk Orman, jailed over allegations he was the getaway driver in the 2002 gangland execution of Victor Peirce, had his murder conviction overturned in the Court of Appeal last year.
Mr Cvetanovski thanked Ms Parker, solicitor Thomas Bell and barristers Julie Condon, SC, and Katherine Farrell for their tireless, diligent work in the face of legal challenge and a pandemic.
Zlate Cvetanovski leaves the Court of Appeal on Friday after having his drug convictions quashed. Credit: Nine News
"I am also grateful to Mr Michael Pena Rees and Mr Victor Andreou, my defence lawyers in my 2011 trial, who came so close to uncovering Ms Gobbo's police informer role and the corruption that stemmed from it," he said.
Mr Cvetanovski was arrested in 2006 and sentenced in 2012 to 10 years in prison over the trafficking charge. He was given more time for unrelated deception charges, which meant he received a total maximum sentence of 11 years' imprisonment with a non-parole period of nine years.