Lawyer X: Nicola Gobbo breached duty to Tony Mokbel and court

Nicola Gobbo’s betrayal of her friend and client Tony Mokbel is writ large in the report by counsel assisting the Lawyer X royal commission.

Tony Mokbel and his lawyer Nicola Gobbo outside the Melbourne Magistrates Court.

Nicola Gobbo’s betrayal of her friend and client Tony Mokbel is writ large in the report by counsel assisting the Lawyer X royal commission.

Chris Winneke QC notes that Ms Gobbo’s actions in giving Mokbel legal advice and briefing police “evinces conflict of interest and may constitute breaches of her duty to the administration of justice­, her duty to the court, her duty to her client, and her fiduciary duties”.

The jailed drug lord, who is serving almost 30 years in jail after pleading guilty to a series of major drug crimes, hopes Mr Winneke’s recom­mendation will help his legal bid for freedom.

“Ms Gobbo acted for Mr Mokbel­ in relation to the case, Ms Gobbo provided information in relation­ to him to members of Victoria Police and/or otherwise assisted (or attempted to assist) in his prosecution, and did not disclose same to him,” the report states.

“Further, in certain instances identified above … Ms Gobbo’s conduct may constitute a breach of legal professional privilege and/or confidence.

“Although Ms Gobbo did not represent Mr Mokbel at any further­ court hearings following the conclusion of his trial in March 2006, it is clear that she continued to communicate with Mr Mokbel for a number of years, on both a social­ and professional basis.”

Mr Winneke writes that Ms Gobbo was providing legal advice to Mokbel while he was fighting extradition from Greece in 2008. “These communications, at least at times, encompassed legal advice,’’ he says. “It was submitted that Mr Mokbel believed that Ms Gobbo was acting as his lawyer during this period.”

But in a potential blow to Mokbel, the report notes that at times, while Ms Gobbo betrayed him to police, “in some cases the inform­ation Ms Gobbo passed on to ­Victoria Police was relatively innocuous­ and/or based on the evidence reviewed by Counsel Assist­ing there is no suggestion that the information materially advanced­ the prosecution of her client”.

“Cases will inevitably turn on their facts as to whether there was a sufficient connection between the conduct of Ms Gobbo and Victoria Police members and the conviction upon trial of the accused, or the accused’s plea of guilty, to potentially­ result in a substantial miscarriage of justice.”

The report is damn­ing of police conduct in relation to Ms Gobbo and Mokbel. “In circumstances set out in this case study, it is submitted that not all necessary steps referred to … and accordingly there was the potential for the right of Mr Mokbel to a fair trial to have been interfered with.

“Further, it is submitted that there was a failure by members of Victoria Police to make approp­riate disclosure to Mr Mokbel and/or his legal representatives.

“If such disclosure was not to be made by members of Victoria Police, there was a failure to take steps to have matters of public interest immunity or matters of state considered by the DPP or the VGSO and then possibly a court.”

“The involvement of Ms Gobbo as a human source should have been disclosed to the accused even after his conviction upon trial.”

The counsel assisting’s report finds the failure by police to ­dis­close the relationship “meant that Mr Mokbel may have been deprived of any opportunity to objec­t to the admissibility of this evidence”.

The report notes that Ms Gobbo visited Mokbel in custody in January or February 2002 and “persuaded him to engage her to act as junior counsel”.

“It was further submitted that Ms Gobbo would oversee his criminal matters and provide him with advice, even if he was represented by other counsel, that he was not always provided with invoices and that he would often pay Ms Gobbo in cash.”