Surrender Lawyer X evidence, cops told

Lawyer X commissioner Mar­garet McMurdo has threatened Victoria Police with prosecution for failing to produce documents.

Lawyer Nicola Gobbo is suing Victoria Police.

Lawyer X commissioner Mar­garet McMurdo has threatened Victoria Police with prosecution for failing to produce documents requested by her inquiry.

Ms McMurdo issued the warning after it emerged police have not made available a trove of documents detailing how defence barrister Nicola Gobbo went from being a police informant to a witness against a former officer accused of murder.

The retired detective, Paul Dale, accused Ms Gobbo’s police handlers of using his own lawyer against him in breach of professional legal privilege.

Mr Dale was charged in 2009 with the murder of Terence ­Hodson, a career criminal who had implicated him in a house break-in. The hearing was shown a transcript of a lengthy conversation between Mr Dale and Ms Gobbo secretly recorded by Ms Gobbo at a cafe in Albert Park, Melbourne, two months before he was charged.

In a heated exchange with Geoffrey Chettle QC, counsel for former members of the disbanded source development unit responsible for handling Ms Gobbo and other registered police informants, Mr Dale told the barrister his clients “are in a bit of strife’’.

“Nicola Gobbo wore a wire when I was seeking her out for legal advice,’’ Mr Dale said.

“If that is not using against me I don’t know what it is.’’

Ms McMurdo said any documents held by police about Ms Gobbo becoming a witness should have been produced under orders issued five months ago by the royal commission.

She rejected an explanation by counsel for Victoria Police, Justin Hannebery QC, that the documents only become relevant after Mr Dale gave evidence to the commission last week.

“I suggest you and those instructing you remind your clients of this notice to produce and their obligations under it which are ongoing; that it is an offence not to comply with it and that an agency of the crown can, under the ­Inquiries Act, be charged with the commission of an offence,’’ the commissioner said.

Ms McMurdo’s warning was the latest flashpoint between the royal commission and Victoria Police over difficulties faced ­extracting information.

The events which resulted in Ms Gobbo agreeing to provide testimony against Mr Dale are crucial to the story of Lawyer X.

The moment Ms Gobbo was revealed as a witness against Mr Dale, her cover as a police informant was blown. She ultimately refused to testify and fell out bitterly with then Victoria Police chief commissioner Simon Overland.

The case against Mr Dale collapsed after Ms Gobbo refused to testify and another prosecution witness, gangland boss Carl Wil­liams, was killed in jail.

Mr Dale told yesterday’s hearing the problems faced by the commission were similar to those he confronted when he was preparing his defence against murder and other serious charges.

“At that point we were very suspicious of some unorthodox or, I’m trying to think of the right word, skulduggery, that went on in regards to the manner in which Nicola Gobbo was being handled by Victoria Police and what role she played,’’ Mr Dale said.

Ms Gobbo denies conversations she recorded between her and Mr Dale were subject to lawyer-client privilege.