Lawyer slams laws to dodge Gobbo compensation claims

Lawyer accuses Allan Government of ‘extinguishing’ legal rights of Lawyer X victims.

Tony Mokbel with his lawyer Nicola Gobbo, left, in 2004.

A leading lawyer representing three Lawyer X victims has slammed the Allan Government for moving to “extinguish” the legal rights of the men by passing extraordinary laws to block their compensation claims.

Jeremy King has described the proposed legislation as “appalling” and questioned the government’s claims the move was motivated to safeguard taxpayers being slugged with big compensation bills.

“What the government is proposing is unprecedented ... where they have extinguished a class of peoples’ rights to bring a claim for what is corruption,” he told The Australian.

“The conflict of interest in the government stopping people suing it is stark. The rule of law is pretty important and there is not one law for you and one law for us.

“What they are purporting to do is completely shut down peoples’ civil rights to bring legal action which is foundational to our democracy.”

Among the three victims Mr King, from law firm Robinson Gill, is representing is Faruk Orman who served 12 years in jail after being convicted over the 2002 murder of Victori Peirce before being freed because of the involvement Lawyer X in his defence.

“Civil litigation was the only way the community was going to find out what happened here (the Lawyer X scandal) because we have such poor police accountability and oversight in Victoria,” he said.

“Civil litigation is the only real way to hold police to account and the only way the community can find out what really happened.”

Lawyer X Nicola Gobbo, who was recruited by police to spy on her gang war clients, has also launched civil action against the state and Victoria Police claiming tens of millions of dollars and the proposed laws would also block her legal action.

The Allan government revealed on Tuesday it was seeking to protect itself from lawsuits linked to the Lawyer X scandal and will move to introduce new laws absolving them of liability over compensation claims.

Victorian Labor will put forward its State Civil Liability Bill into parliament this week which will block anyone wanting to sue Victoria Police, individual officers and the government over information sharing from criminal defence barrister turned police informant Nicola Gobbo.

It also will cover claims relating to murdered Melbourne lawyer Joseph Acquaro, who was not a registered police informer but shared information to police about former clients.

The move comes as Gobbo is seeking an undisclosed amount in damages in her new lawsuit against Victoria Police.

A statement of claim lodged in the Supreme Court reveals she is seeking compensation over the police’s “negligent” use of her as an informer and alleges the state’s “highhanded, insulting or reprehensible conduct” damaged Gobbo’s physical and mental health.

She previously received a $2.88m payout in 2010.

Melbourne lawyer Nicola Gobbo.

In announcing the proposed laws, Attorney-General Jaclyn Symes said that the bill would “protect taxpayers” from costs associated with police informant misuse.

“We haven’t shied away from confronting the difficult truths that arose from the Royal Commission. At the same time, we acted to ensure events that led to it will never happen again,” Ms Symes said.

“We are taking steps to protect Victorians being burdened from the costs of further spending on these matters so we can continue investing in the things that Victorian families rely on.”

The proposed legislation will not affect criminal matters and will be limited to civil claims of compensation.

Attorney-General Jaclyn Symes looks on as Premier Jacinta Allan answers questions into allegations of criminal conduct by CFMEU officials. Picture: NewsWire/Ian Currie

The state’s office of special investigator, tasked with bringing potential cases against former gangland figures and police, disbanded last year without any charges laid despite a $125m legal, political and policing investment.

Human rights organisation Liberty Victoria said they were “deeply concerned” that the government wants to make itself immune from potential legal proceedings.

“It is a fundamental principle of the rule of law that no one is above the law. The law must apply equally to all of us, including those given power over citizens to act on behalf of the State,” it said.

“We will wait to see the Bill, but this is not a matter where this terrible episode in Victoria’s history should be further hidden from public view and made immune from testing through the Courts.“