Lawyer X scandal: Nicola Gobbo will be forced to appear at Royal Commission

‘Lawyer X’ has been told to appear at the Royal Commission. But the commission head has ‘no confidence’ she will.

Nicola Gobbo ‘cries most days’, her lawyer told the royal commission. Picture: ABC news

Former gangland barrister turned police informer Nicola “Lawyer X” Gobbo has been ordered to testify at a royal commission next month, despite her bid to be excused from appearing.

But royal commissioner Margaret McMurdo said it was possible that Ms Gobbo would not appear as ordered.

“I have no confidence that ultimately Nicola Gobbo will give evidence before this commission, whether or not she eventually provides a reasonable excuse for not doing so,” she said

READ MORE: Commissioner blasts police delays | Cops’ $7.6m for Lawyer X case | Gobbo’s name on gangland hit list |

On Wednesday, Ms McMurdo rejected a bid from Ms Gobbo’s legal team to allow her to be excused from giving evidence after they argued that her physical and mental health — along with other factors — meant that she had a reasonable excuse not to appear.

She said on Wednesday that while she accepted medical opinion that Ms Gobbo was “very unwell” and that doctors say her condition could deteriorate if she testifies, the former barrister was expected to give evidence via telephone on January 29.

“I consider those opinions do not sufficiently take into account the fact the commission is willing to take her evidence over short periods via telephone,” Ms McMurdo said.

Gobbo ‘cries most days’: lawyer

This came after Ms Gobbo’s barrister, Rish Nathwani, told the commission that medical experts report that she “cries most days” and feels that she “cannot function normally”.

Mr Nathwani also said the commission accepted she her health provided a reasonable excuse from appearing back in March, and her condition has since gotten worse.

“Her condition has worsened. The evidence demonstrates that it’s worsened,” he said.

“On the previous finding, she’s certainly suffering from those conditions. That, coupled with her circumstantial circumstances, as well as her inability to properly prepare in meaningful time in light of this commission, all taken together, amounts to a reasonable excuse.”

But counsel assisting the commission Andrew Woods said Ms Gobbo should still be able to give evidence, even by telephone.

“While Ms Gobbo is clearly mentally and physically unwell, those elements don’t rise to providing a reasonable excuse,” he said.

He also said the commission had previously heard that she once proposed to fake an illness to delay a court hearing.

Mr Woods said the September 29 report of “Psychiatrist 1” suggests her “pain syndrome and mental state appear to be the same or (a) worse state than when I first met her in 2010”.

“One can imagine, if Ms Gobbo was in significantly worse condition than when that psychiatrist first met her in 2010, the specialist would say so,” Mr Woods said. “Whether or not she’s in the same condition or slightly worse, it’s within that area we’re addressing.”

He said that psychiatrist believed she was incapable of giving evidence on that finding.

“They don’t indicate that she was in a condition at that stage that would prevent her from giving evidence in a setting like this,” he said.

But Mr Nathwani said there had been a “significant” change in her life since that time.

“The High Court revealed she was Lawyer X, and as such … there has been a dramatic change in her personal circumstances as well as her physical and mental health,” he said.