Royal commissioner says Nicola Gobbo doesn’t have an excuse to avoid appearing at inquiry

Royal commissioner says Nicola Gobbo doesn’t have an excuse to avoid appearing at the inquiry.

Lawyer-X royal commissioner Margaret McMurdo says Nicola Gobbo, above, does not have a “reasonable excuse” to avoid appearing via telephone at the inquiry.

The head of the Lawyer X royal commission says Nicola Gobbo does not have a “reasonable excuse” to avoid appearing via telephone at the inquiry into her involvement with Victoria Police.

Commissioner Margaret McMurdo said she accepted Ms Gobbo was suffering from acute stress, anxiety and depression but many of the police witnesses who had appeared suffered from similar illnesses.

“On the material presently before me I am inclined to accept that Ms Gobbo is probably suffering from those conditions,” she said.

“But I'm not presently persuaded she has demonstrated a reasonable excuse for failing to attend before this Royal Commission.”

The royal commission is examining the use of Ms Gobbo as Informer 3838 by Victoria Police in the wake of a brutal spate of gangland killings across Melbourne in the mid-2000s.

Ms Gobbo simultaneously informed and acted as legal counsel for organised crime heavies such as Tony Mokbel and Pasquale Barbaro.

Ms McMurdo said Ms Gobbo had been served with a notice to attend the inquiry on February 26 this year with plans to cross examine the former lawyer via telephone in two hours blocks out of consideration for her health and safety.

“Despite the Commission affording her every consideration, she has not availed herself of the

opportunity to, [and is] yet to provide the Commission with a statement,” she said.

Ms McMurdo said psychological assessment reports of Ms Gobbo said the former supergrass “finds herself deteriorating progressively in her intellectual and psychological functioning, and that she has not improved in the past six months and was not responding to medication’’.

Ms McMurdo said on Friday she was unaware Ms Gobbo wanted to assist the inquiry despite Ms Gobbo, through her lawyers, saying she did.

“Ms Gobbo, as you are aware, has always been keen to assist as best she can,” said Rishi Nathwani, who is representing Ms Gobbo at the inquiry.

“I'm not aware of that, I've been told that,” replied Commissioner McMurdo.

Mr Nathwani then said: “There were conversations where she has indicated that and you have been present during those conversations. I understand the difference.”

To which the Commissioner replied: “I'm aware she said that.”

The commission previously said it understood more than 1000 individuals had been legally represented by, or received legal advice from, Ms Gobbo during the period under investigation.

Faruk Orman was released from prison in July spending more than a decade behind bars for his purported role in the 2002 murder of hitman Victor Peirce with the case against him relying on evidence given by Ms Gobbo’s clients. He has flagged he will sue the state of Victoria for compensation.

Ms McMurdo adjourned Ms Gobbo’s application to avoid appearing at the royal commission until November 26 with the former lawyer required to provide a statement by November 18.