Former high court judge to investigate criminal activities of Lawyer X Nicola Gobbo

Geoffrey Nettle QC has been appointed to probe whether Nicola Gobbo broke the law in her dealings with police.

A former high court judge has been appointed to investigate whether lawyer turned police informant Nicola Gobbo broke the law in her dealings with Victoria police. Picture: ABC

A special investigator has been appointed to determine if supergrass Nicola Gobbo — or current or former top Victorian cops — broke the law amid the Lawyer X scandal.

Former high court judge Geoffrey Nettle QC will investigate whether the former gangland lawyer and any police — including Simon Overland and Graham Ashton — engaged in criminal conduct when she informed on her infamous clients while she represented them.

Victoria’s Attorney-General Jaclyn Symes said Mr Nettle would start his investigation on July 19 to ensure possible criminal conduct or police misconduct is thoroughly investigated.

The royal commission into police informants recommended a special investigator be appointed, and the Victorian government has invested $13.47 million to support the work.

Royal commission chair Margaret McMurdo QC recommended the investigator be appointed in her scathing verdict — in which she said Victoria police had corrupted the criminal justice system — handed down in November 2020.

The report said the government should develop legislation within 12 months “with the necessary powers and resources” to investigate “whether there is sufficient evidence to establish the commission of a criminal offence or offences … by Ms Gobbo or the current and former police officers named in the commission’s final report.”

Ms McMurdo found there were 100 former or current senior police officers who knew Ms Gobbo was a registered informant while she represented some of Melbourne’s most renowned gangland figures including former drug baron Tony Mokbel and slain Carl Williams in the mid-2000s.

When she handed down her findings, Ms McMurdo said some of the highest levels of leadership within Victoria Police knew about the “risks” imposed by Ms Gobbo’s informing.

“Several officers, including those responsible for leadership of the organisation, knew enough about the risks and the potential consequences of using Ms Gobbo as a human source to have taken a different and more appropriate course,” she said.

Some include former assistant commissioner of crimes Mr Overland and former chief commissioner Mr Ashton. Others include former bosses of gangbusting Purana Taskforce, Jim O’Brien and Gavan Ryan, legal services director Fin McRae, current commander Stuart Bateson as well as Ms Gobbo’s former handlers from the source development unit.

An independent watchdog was appointed to oversee the 111 recommendations handed down by Ms McMurdo in March this year.

David Carruthers will lead the watchdog and make annual reports on the government’s progress against the recommendations made by the inquiry to improve “community confidence in the justice system”.

Ms Symes said the appointment of Mr Nettle demonstrated the government was “getting on” with the work of “restoring the integrity of the justice system”.

“Justice Nettle’s extensive and wide-ranging experience at the highest levels of the legal system will ensure a comprehensive, independent and fair investigation is completed into these matters,” she said.

Legislation will be introduced into the Victorian parliament last this year to provide Mr Nettle with the “necessary powers” to hand down punishments.