Lawyer X admits she breached legal obligations owed to gangland clients
Barrister-turned-police informer Nicola Gobbo has admitted she breached her duties by feeding police information about her gangland clients while representing them.
Nicola Gobbo has admitted she breached the legal obligations she owed her gangland clients by feeding police information about them while acting as their criminal defence barrister.
While under cross-examination in her civil trial against the state, Ms Gobbo confirmed she had understood the barristers’ conduct rules, as well as the fiduciary duties she owed her clients’ when she became a police informer in September 2005.
Despite this, Ms Gobbo admitted to breaching her duties, including by failing to act in her clients’ best interests and by disclosing confidential information about them to Victoria Police, as well as information subject to legal professional privilege.
“It’s pretty clear isn’t it that … informing on your clients was the antithesis of acting in their interests?” barrister for the state Bernard Quinn KC, asked Ms Gobbo.
“Correct,” Ms Gobbo said.
Before her cross-examination began, Justice Melinda Richards reminded Ms Gobbo of her legal professional privilege obligations when discussing former clients in the witness box.
“Legal professional privilege still endures after all these years,” Justice Richards said.
Justice Richards indicated she would grant Ms Gobbo a certificate to provide her with privilege in respect of self-incrimination in other proceedings.
Ms Gobbo has never been charged with a crime in relation to her role as an informer but Justice Richards said there remained “a prospect, even after all this time, for a future prosecution for perverting the course of justice”.
Ms Gobbo earlier told the court that she regretted not leaving the Victorian Bar after she suffered a stroke in 2004.
Ms Gobbo said it was “harassment” from her client and drug kingpin Tony Mokbel to obtain bail for his associate that pushed her to seek Victoria Police’s assistance and become a police informer in 2005.
Ms Gobbo, also known as Lawyer X, is suing the state of Victoria in connection with its alleged negligence in its use of her as a police informer.
The state is defending the lawsuit, claiming Ms Gobbo provided information voluntarily with full appreciation of the risks.
The state is also contending it should not be responsible for loss to the extent Ms Gobbo engaged in illegal activity by providing police with confidential information about her clients and information that was subject to legal professional privilege.