Victorian government to appoint special investigator following Lawyer X royal commission
The Victorian government will appoint a special investigator to determine if criminal charges should be pursued in the wake of the Lawyer X scandal.
The Victorian government has unveiled an almost $100m package to strengthen the state’s justice system in the wake of the Lawyer X royal commission, including appointing a special investigator to determine if those involved in the scandal should face criminal charges.
Attorney-General Jaclyn Symes released the government’s response to the final report of the Royal Commission into the Management of Police Informants alongside an implementation plan and $87.9m funding package.
The plan involves significant investment to boost the resources of the Independent Broad-based Anti-Corruption Commission (IBAC) and the courts and the appointment of a special investigator and implementation monitor.
When handing down the royal commission report in November last year, Commissioner Margaret McMurdo AC recommended the government appoint a special investigator to determine if there was sufficient evidence to prosecute both former barrister Nicola Gobbo and “current and former members” of Victoria Police for criminal offences.
She said if the special investigator thought there was sufficient evidence to take Victoria Police officers and Ms Gobbo to court, they should prepare a brief for the prosecutor.
Ms Symes said the government had begun identifying suitable candidates for the role and would make the appointment in the middle of the year.
Legislation would then be introduced in the second half of 2021 to support the role.
Ms Symes said the government was committed to “getting to the bottom of matters” that were at the heart of the state’s criminal justice system.
“The commission made serious and significant findings … we will act on each and every one of them,” she said.
The government has already delivered the 10 recommendations with a three-month implementation timeframe, including the appointment of Sir David Carruthers as the implementation monitor and the establishment of the cross-agency implementation taskforce.
The government will also launch a review to deliver legislative reform that places a stronger focus on the needs of complainants and victims of police misconduct.
Disclosure reforms regarding police human source management are also expected to be introduced later this year.
The government said the Attorney-General would report annually to the Victorian parliament on the implementation of the recommendations until complete.
There were 54 recommendations directed to the government, with 57 directed to other agencies.
“Police are not entitled to pursue suspects at any cost – they must comply with the law and use their powers in a fair and ethical way,” Ms McMurdo wrote in November.
Ms Gobbo, dubbed “Lawyer X”, was a barrister for some of Victoria’s highest-profile criminals, including underworld bosses Tony Mokbel and Carl Williams.
But she was secretly informing on her clients to Victoria Police.
Police then used Ms Gobbo as an informer and used what she told them to put her own clients behind bars.
Victoria Police has since called the decision “indefensible” and “profoundly wrong”.
The royal commission found more than 1000 legal cases could have been tainted by Ms Gobbo’s involvement.
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