Lawyer X charges face legal hurdle

A special prosecutor may be appointed to lead the prosecution of former and serving Victoria police officers over the Lawyer X scandal.

Melbourne lawyer Nicola Gobbo. Picture: ABC News

A special prosecutor may be appointed to lead the prosecution of former and serving Victoria police officers over the Lawyer X scandal.

Legal sources have told The Weekend Australian that without the establishment of a powerful new legal unit, police officers and double-dealing lawyer Nicola Gobbo are unlikely to face criminal charges.

“Without a special prosecutor, the entire royal commission will be a waste of time and money,” one senior source said.

A special Lawyer X prosecutor would cost millions of dollars to run and require a staff of several dozen experienced criminal lawyers and investigators, potentially comprising former interstate police officers.

“They would fill the floor of a city tower,” one legal figure said.

Dozens of former and current police officers and commanders are expected to have adverse findings made against them — including potential criminal breaches — when the Lawyer X royal commissioner Margaret McMurdo, QC, delivers her findings in November.

While Ms McMurdo has decided not to publicly release recommended criminal charges, the commission’s counsel assisting has called for a raft of charges to be considered.

These include misconduct in public office, attempting to pervert the course of justice, and ­aiding, abetting, counselling, procuring or conspiring to obtain financial property or financial advantage by deception.

Ms McMurdo said she would redact recommended criminal charges from the public report and refer them to the Victorian Office of Public Prosecutions.

However, evidence tendered at the royal commission would not be recognised as an admissible brief of evidence in a criminal prosecution.

“The director’s functions are prosecutorial rather than investigatory … the director would require a brief of evidence in admissible form before any prosecution could be considered,” the OPP said.

The Andrews government on Friday did not rule out appointing a special prosecutor. “The royal commission was formed to establish the facts and provide assurance this can’t occur again,” a government spokesman said.

“It would be inappropriate to comment further on the royal commission,” he added.