Lawyer X scandal: police in crosshairs over informants

The Lawyer X royal commission has trained its sights on senior police who authorised the use of a barrister as an informant.

Royal commission chairwoman Margaret McMurdo.

The Lawyer X royal commission has trained its sights on senior police who authorised the use of a defence barrister as a registered informant, and dismissed their defence that the ends — stopping Melbourne’s bloody gangland war — justified these extraordinary means.

In formally opening the Royal Commission into the Management of Police Informants, counsel assisting Chris Winneke QC said his immediate task was to examine information provided by Lawyer X over her 14 years as a police snitch to determine ­whether it had tainted criminal prosecutions.

“It will also be necessary to examine the conduct of the police officers who obtained that information, and that of their senior officers,’’ Mr Winneke said.

Commission chairwoman Margaret McMurdo said the “clandestine and unlawful exercise’’ of police receiving evidence from informants who were in breach of their legal obligations undermined the criminal justice system.

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The tone and content of the opening statements raise the possibility that the commission may culminate in recommendations for criminal charges against current and former high-ranking members of Victoria Police.

Among those whose conduct will be closely examined are the senior detectives who ran the gang-busting Purana taskforce, police chief Graham Ashton, former police chief Simon Overland, and Luke Cornelius, an assistant commissioner who had oversight of Lawyer X’s use as a police ­informant when he was in charge of police ethical standards.

Mr Winneke said the police who recruited Lawyer X, those who managed her and those who oversaw her handlers would all be required to front the commission.

Mr Ashton has denied wrongdoing and publicly defended the decision to use Lawyer X, referred to in court documents as EF.

Justice McMurdo, while making no reference to the police chief, rejected his argument.

“Some members of the public may query the outrage expressed by the courts, professional associations and legal academics at the conduct of EF and the police, ­arguing that it had a positive ­effect, namely, the conviction of serious offenders,’’ Justice McMurdo said.

“As the courts have explained, these are matters of high principle, fundamental to our democracy.

“When those whom the community entrusts to uphold and enforce the law themselves breach fundamental legal principles, confidence in our justice system and indeed our democracy is seriously diminished.’’

The identity of Lawyer X, ­although not revealed in yesterday’s hearing, is an open secret in Victoria’s legal and criminal networks. Mr Winneke said the commission would write to every former client whose case may have been compromised by information Lawyer X provided to police. They will also be invited to make submissions to the commission.

He revealed Lawyer X was co-operating with the commission and urged prosecutors and judges — who are beyond the coercive powers of the commission — to do the same, noting that the 12-month timeframe established by the Victorian government was “ambitious’’ and would be extended if required.

“It is expected that all relevant witnesses will be examined, whether voluntarily, or by compulsion, using the powers available to the commission,’’ he said.

“The commission is in communication with EF via her legal representatives and it is understood that she will co-operatively assist the commission in its investigation.’’

Justice McMurdo confirmed that beyond Lawyer X, a further six informants with “possible breaches of legal professional privilege’’ had been identified by Victoria Police. These include two court clerks, a legal secretary, a solicitor, a legal adviser and a dead solicitor understood to be Joseph Acquaro.