Don’t relitigate Lawyer X findings, barristers told

Tony Mokbel’s bid to get out of jail over supergrass Nicola Gobbo’s involvement in his legal affairs continues.

Underworld figure Tony Mokbel. Picture: AAP

Police are digging in to fight Tony Mokbel’s courtroom bid to win freedom, launching a fresh legal tactic disputing his claims about his relationship with Lawyer X.

The gangland figure is appealing his drug trafficking conviction after supergrass Nicola Gobbo acted for him while she was a registered informer with Victoria Police in 2006.

He appeared at the virtual directions hearing from Barwon prison wearing a suit and tie. When asked whether he could see and hear the proceedings, he gestured with a wave of his hand.

Tony Mokbel continues to get out jail amid alleged involvement of supergrass Nicola Gobbo in his legal affairs. Picture: Supplied by ABC NEWS.

Mokbel’s lawyer, Ruth Shann, agreed to review a formal outline of the issues that lawyers for Victoria Police have with the basis of his appeal at an administrative hearing on Tuesday.

Victoria’s chief crown prosecutor Brendan Kissane appeared to dispute the legal relationship between Ms Gobbo and Mokbel, according to documents filed with the Supreme Court, the ­judicial registrar said.

Ms Shann said 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.

Ms Shann said there was “strong evidence” Ms Gobbo was acting for Mokbel when he was extradited from Greece in 2006 when she was also a registered police informer.

Mr Kissane said the Court of Appeal should examine if this were the case. “What was Gobbo doing during the time Mokbel was in Greece? What was the relationship at that time? How long did it last? They are all issues … (that) need to be determined,” he said.

Ms Shann said she did not expect Victoria Police to accept all of the recommendations handed down by royal commissioner Margaret McMurdo in late Nov­ember 2020 in their arguments against the appeal but they should at least give a “solid reason” why not. She said the Victorian Government Solicitor’s office should “open up shop” to provide Mokbel’s defence team with un­redacted copies of evidence seen by Ms McMurdo in her inves­tigation if they did not properly explain why they disputed particular facts in the case.

Mr Kissane said he had to deal with the “particular cases” Mokbel was in custody for, not general assertions “made in the past”.

“(I) object the assertion that the director has been anything other than a model litigant,” he said. “What the Court of Appeal has to do is examine every case.”

The judicial registrar said she wanted to “avoid re-litigating ­issues that have been determined elsewhere”.

She asked Mr Kissane to prepare a two-page document outlining his position in respect of the facts and what inferences will be challenged.

Another directions hearing will be held on Thursday.