Independent watchdog to oversee Lawyer-X recommendations

Victoria’s lawyer general has announced who will monitor how well Lawyer-X recommendations are implemented, but the government is still yet to confirm a special investigator.

Screengrab taken from and ABC News tv interview featuring Melbourne lawyer Nicola Gobbo, who has been revealed as Lawyer X. A police informant during during Melbourne's gangland wars. Ms Gobbo was first recruited in 1995 and worked with police until 2009, with drug lord Tony Mokbel and gangland figure Carl Williams among her clients. (Supplied by ABC NEWS)

Three months after the Lawyer X royal commission report was delivered, the Andrews government has yet to appoint a special investigator to probe and potentially prosecute current and former members of Victoria Police.

A spokeswoman for Victorian Attorney-General Jaclyn Symes said a “special prosecutor was not likely to be appointed until the middle of the year” and the government had 12 months to implement the recommendation.

One of the key recommendations handed down by the chair of the Royal Commission into the Management of Police Informants chair, Margaret McMurdo QC, was that a special investigator should be appointed to determine if key players involved — including lawyer-turned-informant Nicola Gobbo and current and former senior Victoria Police officers Simon Overland and Graham Ashton — broke the law.

While Ms Symes did not name the special investigator, she appointed former New Zealand Family and Youth Court judge David Carruthers as head of an independent watchdog to ensure the 111 recommendations that were handed down by the royal commission — sparked by Ms Gobbo — are acted on.

Ms McMurdo stated in ­Dec­ember the Victorian government had three months to appoint the watchdog and ensure it has “reasonable legislative powers” to — among other things — indicate to responsible agencies “the extent to which their ­implem­entation of the comm­issioner’s recommendations is … adequate”.

Faruk Orman leaves the court of appeal in Melbourne, Friday, July 26, 2019. Melbourne gangland identity Faruk Orman will be immediately released from jail caused by his double-agent lawyer Nicola Gobbo. Picture: Image/David Crosling.

Ms Symes congratulated Mr Carruthers, who was knighted in 2009 for his service to the District Courts, and welcomed his “expert guidance” to reform the Victorian justice system.

“The royal commission gave us a clear blueprint for restoring public confidence in the justice system by making sure these events never happen again,” Ms Symes said.

“We’re getting on with implementing all the recommendations from the royal commission, and the implementation monitor will play a vital role in holding this progress to account,” she said.

“I welcome (Mr Carruthers’) expert guidance and acumen as we implement all recommendations and deliver strong reform to our justice system.”

The Victorian government has also appointed an independent senior counsel — a top silk from Sydney who cannot be named — to report on the 11 human source files not provided to the commission on “public interest immunity grounds”.

The investigation into the use of police informants by Victoria Police spanned one year from February 2019 and heard from 82 witnesses. It found 1011 accused offenders had their cases affected by Ms Gobbo, who provided legal counsel to clients while informing on them to Victoria Police.

Mr Carruthers will report annually on the government’s progress in implementing all of Ms McMurdo’s recommendations.