First Lawyer X conviction quashed with gangland driver Faruk Orman freed

After more than a decade in jail, Faruk Orman wept as he was freed amid the Lawyer X scandal.

Free: Gangland figure Faruk Orman smiles as her emerges from court a free man. Picture: Aaron Francis/The Australian

Faruk Orman wept today and embraced family as he was acquitted of a gangland hit and freed from jail over the Lawyer X scandal that has crippled the police force and the criminal justice system.

Mr Orman, 37, had spent more than a decade behind bars: jailed for 20 years in 2009 for his role in the 2002 murder of hitman Victor Peirce, but was granted an appeal after a petition for mercy.

This was because of his lawyer Nicola Gobbo’s involvement as a police supergrass in his case, in which it was claimed he was the getaway driver.

Today’s decision has rocked the legal establishment and the Victorian government and opens the way for potentially other early releases due to the past policy of using Ms Gobbo as an informant.

There also could be massive compensation payouts after the bungled police strategy of using Ms Gobbo to secure gangland convictions, sometimes acting against her own client’s interests.

Faruk reportedly gave the court the thumbs up during this morning’s proceedings, appearing in a suit, where he also spoke to friends and family.

Victoria’s Court of Appeal quashed Mr Orman’s conviction and ordered he be released immediately because of a ``substantial miscarriage of justice’’ due to the role of Ms Gobbo.

Prosecutors conceded it would be unjust to order a retrial.

Gangland figure Faruk Orman, his conviction for murder quashed walks free from the Melbourne court of appeal. Picture: Aaron Francis/The Australian

“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,” a joint Court of Appeal ruling read.

“On the facts as conceded, Ms Gobbo’s conduct subverted Mr Orman’s right to a fair trial, and went to the very foundations of (a) criminal trial.

(Mobile readers can read the judges’ statement here.)

“There was, accordingly, a substantial miscarriage of justice. The appeal must therefore be allowed.’’

‘Not bitter and angry’

Orman had been imprisoned for two decades in 2009 for his involvement in the slaying of career criminal Victor Pierce at the hands of hitman Andrew “Benji” Veniamin.

After his release today, Mr Orman expressed sympathy for the family of Peirce and declared he was devoid, personally, of bitterness.

“I understand that there is a victim in this matter and his family,’’ he said in a statement released by his lawyers.

“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.”

Back in 2009, it was a circumstantial conviction.

Lawyer X Nicola Gobbo. Picture: ABC

He was found to have helped plan the execution and having driven the getaway car.

But the credibility of evidence from a key witness in the case against Orman was brought into doubt as the actions of Ms Gobbo were revealed.

The police hierarchy at the time signed off on the unprecedented use of Ms Gobbo becoming a supergrass, in large part because of the extent of the gangland war casualties.

As many as 36 people were slain, mainly in the 1990s and early 2000s, provoking a public outcry and claims of police failure to deal with the crisis.

Lawyer X

Ms Gobbo assisted police in prosecuting Mr Orman with the prosecution’s case relying heavily on another of the lawyer turned supergrass’s clients.

Former underworld investigator Mark Hatt has claimed Orman would never have been convicted without it.

Faruk Orman outside court in 2004. Picture: News Corp

Ms Gobbo’s relationship with Victoria Police is the subject of a royal commission, with sweeping implications for the force, its past leadership and governments past and present.

Mr Orman has already served 12 years of a 14-year minimum sentence. The successful appeal means the he could sue for millions of dollars.

The Director of Public Prosecutions had conceded that Ms Gobbo had improperly taken steps to ensure that a witness, known as Witness Q, had given evidence against Mr Orman in the murder trial.

The DPP also had conceded that Ms Gobbo had represented Witness Q from ``time to time’’ until August 8 2008. Witness Q’s evidence had substantially contributed to the murder case being prosecuted successfully.

On October 11 2006, Ms Gobbo was engaged by Mr Orman to represent him over other charges Mr Orman was facing in Queensland.

She continued to represent Mr Orman off and on until at least December 10, 2008.

The Court of Appeal also said that, on November 9, 2007, when she was engaged to act for Mr Orman, “Ms Gobbo improperly took active steps to ensure that witness Q gave evidence against Mr Orman in the murder trial’”.

The Court of Appeal described this November 9 behaviour as contributing to “a substantial miscarriage of justice”.

Additional reporting AAP