Lawyer X: inquiry still waiting on documentation detailing ‘intimate relationships with officers’
The inquiry is still waiting on documentation of Nicola Gobbo’s “intimate relationships with officers”.
The royal commission into police informants is still waiting to receive documentation detailing Nicola Gobbo’s “intimate relationships with police officers”. Read how day two of the public hearings unfolded below.
Remy Varga 4.11pm: Day two concludes
The royal commission has finished for today and will resume tomorrow.
Geoff Chettle, a lawyer representing former members of the SDU, grilled AC Paterson for the last part on the Comrie and Callan reports.
He said former members of the SDU felt like they had “been thrown under a bus”.
Remy Varga 3.32pm: RC still waiting on ‘intimate relationships’ documents
The royal commission is still waiting to receive documentation of Ms Gobbo’s “intimate relationships with police officers”, the inquiry has heard.
What the documentation is/could be has not been clarified.
Earlier AC Paterson clarified Victoria Police had no power to undertake a disciplinary investigation of a former police officer — because they’ve left — or officers ranking assistant commissioner and above, who have to be investigated by IBAC.
Remy Varga 3.08pm: No list from police
Victoria Police hasn’t provided the royal commission with a list of people, including those in custody, who may need to be notified due to Ms Gobbo’s involvement in their case.
AC Paterson said he’s not sure why that would be.
The assistant commissioner said earlier investigators had assessed 37 cases and identified 19 cases where some disclosure was required.
AC Paterson said Victoria Police had been conflicted by their obligations to protecting a source.
“Victoria Police was in a position where they’d offered someone confidentiality as an informer and subject to that resolution there were clearly further steps to be taken for the matter to be resolved.”
Remy Varga 2.22pm: Hearings resume
Good afternoon readers, the royal commission has resumed after a lunch break.
Assisting Counsel Winneke QC is grilling AC Paterson over Operation Loricate.
Chip Le Grand 1pm: Police chiefs ignored the warnings
The top ranks of Victoria Police were warned more than 10 years ago by Nicola Gobbo’s handlers that exposure of her secret life as an informant would put a major investigation at risk and lead to a Royal Commission.
Despite these warnings, which were brought to the attention of then Deputy Commissioner Simon Overland, no legal advice was sought on the dangers of using a defence barrister as a police snitch.
The Royal Commission into the Management of Police Informants this morning was told the push-back came in late 2008 from relatively junior officers within the Victoria Police Source Development Unit who had spent three years dealing directly with Ms Gobbo as a registered informant.
The members of the SDU, who cannot be identified for legal reasons, were concerned at plans being considered by police command to use Ms Gobbo as a witness in two high profile investigations into alleged police involvement in gangland murders.
Assistant Commissioner Neil Paterson, the senior officer responsible for intelligence and covert support, agreed the SDU warned that putting Ms Gobbo on the stand would expose her secret role as a human source, jeopardise a major investigation into drug baron Tony Mokbel and taint previous convictions as being potentially unsafe.
Under questioning from counsel assisting Chris Winneke QC, Mr Paterson agreed the concerns were brought to the attention of the “very highest echelons of Victoria Police’’ including Mr Overland, then earmarked as the next chief of police.
No legal advice sought
Mr Winneke: “Was there concern about the risk of a Royal Commission into source handling by the SDU as a result of all of above?,’’
Mr Paterson: “Yes there was.’’
Mr Winneke: “Despite those concerns being raised by relatively lowly members of the Victoria Police force in late 2008 there was no legal advice sought by members of Victoria Police about this possible problem?’’
Mr Paterson: “That is correct.’’
The Royal Commission was told that Victoria Police first sought legal advice about the use of Ms Gobbo as a human source in 2013 — three years after she ceased providing information to police.
Mr Paterson agreed that the previously unreported SDU warnings, contained within a confidential, Independent Broad-Based Anti-Corruption Commission report into the Lawyer X saga, were ignored by police command.
Shortly after the concerns were raised, the Petra taskforce steering committee — of which Mr Overland was a member — directed detectives to take a sworn statement from Ms Gobbo implicating Paul Dale, a former drug squad detective, in the murder of police informant Terence Hodson and his wife Christine.
In 2009, Mr Overland also sought to use Ms Gobbo as a witness in Briars, a long-running investigation into the alleged involvement of a current and former police officers in the 2003 murder of male prostitute Shane Chartres-Abbott.
The lead investigator on the Briars taskforce, Ron Iddles, flew to Bali to take a statement from Ms Gobbo but refused to add it to the brief of evidence. He also warned Mr Overland that the use of Ms Gobbo as a witness would end in a Royal Commission.
The Royal Commission heard evidence that when Victoria Police sought in 2013 to establish a data base recording its dealings with Ms Gobbo as a registered informant, her involvement with its most sensitive taskforce investigations, Petra, Briars, Purana and Posse, was excluded.
The Purana taskforce investigated unsolved gangland murders. Posse targeted the criminal activities of the Mokbel family.
“If the source has been utilised by Briars, Petra, Purana and Posse, you do need to incorporate those … don’t you?,’’ Mr Winneke asked.
“I wasn’t the decision maker at the time,’’ Mr Paterson said. “It is absolutely a relevant question.’’
The Royal Commission over the next two days is expected to hear from police witnesses who dealt directly with Ms Gobbo in her early years as a registered informant and the Purana taskforce.
The witness list includes Acting Inspector Peter Trichias, a key figure in the Briars taskforce.
The Petra taskforce collapsed without securing a conviction after Ms Gobbo withdrew as a witness and the other key witness, gangland killer Carl Williams, was murdered in jail. Briars ran for seven years, cost an estimated $30 million and also failed to secure a conviction.
The hearings continue.
Remy Varga 12.56pm: ‘Risk taking based on ego’
The royal commission has heard there was a culture of “risk taking based on ego rather than risk versus reward” within the source development unit.
A psychological assessment raised concerns long-term membership of certain divisions within Victoria Police recommended rotating officers to prevent personnel from developing strong attachments and becoming disconnected from the wider organisation.
Counsel assisting Winneke said officers in the SDU suborned authority, attempted to coerce other divisions within Victoria Police and refused to follow protocol and were found to be acting in a way that could expose the entire force to risk.
Remy Varga 12.03pm: Retired detective raised concerns over Gobbo
Retired detective Ron Iddles said he raised concerns over the use of Ms Gobbo to retired chief commissioner Simon Overland after he was asked to take a statement from the former criminal defence barrister over the murder of vampire gigolo Shane Chartres-Abbott.
Counsel assisting Winneke said Mr Iddles publicly warned there would be a royal commission.
Mr Iddles took Ms Gobbo’s statement but refused to let her sign it.
AC Paterson said he was aware Mr Iddles had made the statements publicly but was unable to confirm the accuracy of the report.
Remy Varga 11.57am: Junior officers’ concerns dismissed
No legal advice was sought by Victoria Police after “relatively junior officers” raised concerns about the use of Ms Gobbo as a human source to senior members including former chief commissioner Simon Overland APM in the latter part of 2008.
“My view is I’m very surprised when you have source handlers raising a significant issues that issue isn’t assisted and acquitted by the obtaining of legal advice,” AC Paterson said.
Remy Varga 11.42am: Witness list released
The royal commission into police use of informants has released a witness list.
Assistant Commissioner Neil Paterson is up now. The commission will hear from the following witnesses over today and tomorrow:
Former Senior Constable Michael Holding
Acting Inspector Peter Trichias
Sergeant Trevor Ashton
Detective Senior Sergeant Rodney Arthur
Detective Senior Sergeant Tim Argall
Former Detective Sergeant John Gibson
Assistant Commissioner John Blayney
Remy Varga 11.40am: No culture issue: Paterson
AC Paterson denies there is a “culture issue” within Victoria Police over obligations of disclosure concerning the use of informants.
“I think what we are seeing here is an absolute failure here at points in time to understand the obligations of disclosure,” he said.
AC Paterson said earlier police policy relating to ethical disclosures had evolved in recent years.
“When I undertook those training courses back then it wouldn’t have been a strong feature, it would have only been a minor component.”
Remy Varga 11.24am: Gobbo intel handed to AFP
Information concerning Ms Gobbo’s actions has been passed on to the Australian Federal Police but it is unclear if it was given to the royal commission.
AC Paterson agrees to find out and says he does not know if the royal commission requested the information.
Remy Varga 11.01am: Gobbo handling ‘deficient’
Assistant Commissioner Paterson said the handling of Ms Gobbo as a human source was deficient.
“What is also quite clear to me at that time the policies that were occurring at that time were quite deficient,” he said.
“I don’t think looking at policy and what was occurring back then those people … didn’t necessarily understand the importance of capturing the information.”
So far this morning assisting counsel Winneke and AC Paterson have discussed the different approaches to managing sources, including an explanation of the “sterile corridor” method.
Assistant commissioner Paterson described the handling of Ms Gobbo as a “partial sterile corridor” but said a high risk source like her should have been a “full sterile corridor”.
AC Paterson said it was likely former Chief Commissioner Christine Nixon was aware of the details of police investigations into the bloody gangland wars of the mid-2000s.
“This was a time of significance violence on the streets of Melbourne,” he said. “I’m quite sure the chief commissioner of that time would be paying particular attention to what was occurring.”
Remy Varga 10.10am: Day two begins
Good morning readers, the royal commission into the use of informants is due to begin any minute.
The inquiry, headed by Margaret McMurdo, will examine the use of high profile criminal barrister Nicola Gobbo as an informant against her own clients.
Ms Gobbo, infamously known as Lawyer X, represented some of Melbourne’s most notorious criminals including drug kingpin Tony Mokbel and Carl Williams.
Yesterday the commission heard Ms Gobbo had been registered as an informant three times — in 1993, 1995 and 2005 — and tatted on her live-in boyfriend and the law partner who hired her as a solicitor fresh out of law school.
The commission also heard senior officers held concerns about using Ms Gobbo as an informant because of her history as a “loose cannon” whose information failed to secure convictions.
Assistant commissioner Neil Paterson from the Intelligence and Covert Support Command is due to appear again.