Tony Mokbel is “incredibly eager” to start an appeal hearing against convictions he says are tainted by his past association with informer Nicola Gobbo, but his current lawyer argues police are dragging out releasing documents that could be crucial in the legal challenge.
Mokbel appeared in a video link from prison on Thursday so the Court of Appeal could be updated in the 55-year-old’s fight to have his convictions quashed, based on Ms Gobbo’s involvement in his case while she was his lawyer but also a registered police informer providing assistance to investigators.
Nicola Gobbo with Tony Mokbel outside a court in 2004.Credit:Nine News
The crime boss, who is serving a 30-year jail term for drug trafficking, had his link on mute as he watched the hearing dressed in a dark suit and tie.
His current lawyer, Ruth Shann, was critical of the time Victoria Police was taking to disclose key documents, including details about a supergrass paid $10,000 by police for evidence that helped convict 24 people, including Mokbel. Zlate Cvetanovski last year had an unrelated drug trafficking conviction quashed when the Court of Appeal found his trial was contaminated by the involvement of Ms Gobbo and the supergrass.
Ms Shann said police had been reviewing its material for six months and opposed the force seeking to have key documents remain withheld. The argument over whether police could claim “public interest immunity” over the papers ran the risk of Mokbel’s appeal hearing not starting until next year, she said.
“The applicant is incredibly eager to have this matter heard this year. That is put in jeopardy if there is a delayed process on finalising these claims,” Ms Shann told associate judge Ian Irving.
Tony Mokbel outside court in 2006.Credit:Angela Wylie
Mokbel has already had one of his convictions quashed on appeal and Court of Appeal president Chris Maxwell has stated he wants to prioritise the challenges launched by eight men who were all linked to Ms Gobbo given their significance and potential implications.
Ms Shann said it would be unfair if Mokbel’s lawyers were “shut out” of any hearings where police argued for the documents to remain secret, and called on them to be filed to the court before the August 13 deadline.
But Sashi Maharaj, QC, for Victoria Police, said the force would meet the deadline and the contentious documents were contained to a “slim lever arch folder”.
Ms Maharaj wouldn’t outline why police wanted some papers to stay withheld. She said police did not plan to disclose any documents to Mokbel’s team unless directed by the court to do so.
Zlate Cvetanovski after his conviction was quashed last year.Credit:Jason South
Associate Justice Irving said the court was keen to receive the file so judges could be appointed to read the material. But not knowing what was in the file was akin to “one of those terrible Donald Rumsfeldian things that we don’t know what we don’t know”.
Ms Shann responded: “The point we’re making is that one person does [know] and could advance the case if they revealed it more quickly.”
Associate Justice Irving set another administrative hearing for August 13 and ordered police to file the documents two days beforehand.
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