Police try to halt release of documents in Lawyer X

Tony Mokbel will be asked if he will allow his lawyers to view documents about Lawyer X that he could be stopped from accessing himself.

An option is for the documents to be released to Tony Mokbel’s legal team, but he would not be permitted to view them.

Victoria police will try to block the release of “highly sensitive material” to gangland figure Tony Mokbel as he seeks to appeal his drug trafficking convictions, claiming his charges were tainted by Lawyer X.

Prosecutor for Victoria Police chief commissioner Sashi Maharaj appealed to a supreme court judge on Thursday evidence sought by Mr Mokbel’s legal team for his case involved “highly sensitive material”.

“(We) resist the production (the) documents,” Ms Maharaj said.

“(There is) no legitimate forensic purpose. In any event … the documents produced and filed would not substantially assist the applicant’s case,” she said.

“In matters involving public matter immunity. it is not appropriate to share such confidential material with the applicant’s legal team and respondent‘s legal team.”

Ms Maharaj said independent lawyers, known as Amici or friends of the court, should assist the court to decide whether or not the documents should be released, but Mr Mokbel’s lawyer Ruth Shann disagreed.

“We wholeheartedly agree there are some particular features of the complexity of this matter,” Ms Shann said.

“If (there is) legitimate forensic purpose and whether the documents have … relevance to the grounds of appeal (is) well and truly to be debated then Amici is not the right (party) to assist the court,” she said.

Another option is for the documents to be released to Mr Mokbel’s legal team, but Mr Mokbel would not be permitted to view them.

Ms Shann said she would contact her client for instructions.

“We will seek to get instructions this afternoon. (If the) applicant wouldn’t agree to us knowing something that he doesn‘t, we will inform (Victoria Police’s legal team) as soon as possible,” she said.

Mr Mokbel is appealing his drug trafficking conviction after the supergrass acted for him while she was a registered informer with Victoria Police in 2006.

But on Tuesday police launched a fresh legal tactic against Mr Mokbel’s bid for freedom, revealing they may cast doubt over his legal relationship with Nicola Gobbo.

Ms Shann said at the time some assertions made by Victoria Police in response to her client’s statement about the working relationship between Ms Gobbo and Mokbel were “an absurdity”.

“The more serious matter which we say this court should ­really press the respondent on is how this approach now taken ­actually accords with the model litigant guidelines,” she said.

Mr Mokbel’s bid for freedom will be heard by three Court of Appeal judges between April and June.

Another directions hearing will be heard on Tuesday.