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Criminal lawyer double agent as police informant

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stui magpie 

Oh the Premiership's a cakewalk


Joined: 03 May 2005
Location: preparing the Pilosocereus suppository

PostPosted: Mon Dec 03, 2018 6:50 pm
Post subject: Criminal lawyer double agent as police informantReply with quote

Quote:
A royal commission will be held into Victoria Police’s mismanagement of several high-profile gangland investigations, Premier Daniel Andrews has announced.

In what is considered one of Victoria's biggest legal scandals, it was revealed on Monday that a female criminal barrister operated as Informer 3838 from 2005 to 2009, giving police information about notorious drug lord Tony Mokbel and his associates, as well as hundreds of other criminals.

As a result, the Office of Public Prosecutions can now notify underworld figures, including Mokbel and associated drug trafficker Rob Karam, that their lawyer was a police informer.

Those criminals could appeal their convictions and could walk out of jail or have sentences reduced.


https://www.theage.com.au/politics/victoria/premier-daniel-andrews-announces-royal-commission-into-informer-3838-20181203-p50jvn.html

This release actually seems to be the result of an ongoing Herald Sun investigation, but regardless of how it came to light, this is a big deal.

A lawyer who defended some serious organised crime figures during the "mob Wars" was allegedly a police informant at the time, passing on information that was obtained under professional priviledge as well as the allegation that she didn't undertake her duties as a defence attorney as required.

A Lawyer isn't required to like you or what you did, but if they take you're case they're required to do their job to defend you to the best of their ability.

Apart from the sheer number of convictions that could now be overturned, possibly with compensation for time served and return of confiscated assets, this lawyer is now basically a dead woman walking


Quote:
Victoria Police has been slammed by the High Court over its use of a high-profile gangland lawyer — dubbed Lawyer X — to inform on her criminal clients, with the Premier ordering a royal commission into the legal scandal that could see more than 600 cases tainted.

After a legal battle spanning more than four years, the Herald Sun can today reveal the Director of Public Prosecutions will send out letters to at least 20 former clients of Lawyer X to inform them their convictions may have been compromised.

The move could see some of Victoria’s most high profile criminals, including drug kingpin Tony Mokbel and mafia figure Pat Barbaro, walk out of jail.


https://www.heraldsun.com.au/news/law-order/criminals-represented-by-informer-lawyer-to-be-notified-cases-could-be-tainted-in-legal-scandal/news-story/77184452de1ca3ead62a1317a634edb9

If anyone wants to put a political spin on it, it all happened under Labor so it will be interesting to see if the Police Ministers (s) and premiers of the time will be called to the royal commission.

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Pies4shaw 



Joined: 08 Oct 2007


PostPosted: Mon Dec 03, 2018 8:15 pm
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Well, it wasn’t me. So that narrows it down a bit.
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swoop42 Virgo

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Joined: 02 Aug 2008
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PostPosted: Mon Dec 03, 2018 8:39 pm
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Let's be honest here.

If this was a movie then the female lawyer would be the hero of the piece we'd all be barracking for.

Brave woman.

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HAL 

Please don't shout at me - I can't help it.


Joined: 17 Mar 2003


PostPosted: Mon Dec 03, 2018 8:48 pm
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That is deep.
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stui magpie 

Oh the Premiership's a cakewalk


Joined: 03 May 2005
Location: preparing the Pilosocereus suppository

PostPosted: Mon Dec 03, 2018 9:00 pm
Post subject: Reply with quote

Pies4shaw wrote:
Well, it wasn’t me. So that narrows it down a bit.


Well, you're neither female nor a criminal lawyer.

at least, you're not a lawyer who defends criminals in a criminal court. Wink

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Pies4shaw 



Joined: 08 Oct 2007


PostPosted: Mon Dec 03, 2018 9:04 pm
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Some of those things are true.
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stui magpie 

Oh the Premiership's a cakewalk


Joined: 03 May 2005
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PostPosted: Mon Dec 03, 2018 9:23 pm
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Yeah, well another definition of a criminal lawyer is a lawyer who's also a criminal, but I wouldn't want to imply in any way that you fit that category. Razz
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HAL 

Please don't shout at me - I can't help it.


Joined: 17 Mar 2003


PostPosted: Mon Dec 03, 2018 9:27 pm
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Alright then. Interesting. One more definition of a criminal lawyer is a lawyer who's a criminal but he or she wouldn't want to imply in a way that you fit that category.
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Wokko Pisces

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Joined: 04 Oct 2005
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PostPosted: Mon Dec 03, 2018 10:02 pm
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How could a lawyer have so little integrity that they'd.... oh. Nevermind.
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David Libra

Rose with a violent heart


Joined: 27 Jul 2003
Location: où surréal côtoie

PostPosted: Mon Dec 03, 2018 10:31 pm
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swoop42 wrote:
Let's be honest here.

If this was a movie then the female lawyer would be the hero of the piece we'd all be barracking for.

Brave woman.


Maybe? I mean, on one level that does take serious balls, and if her clients had somehow found out what she was doing... on the other hand, it’s a pretty blatant (and surely unnecessary) abuse of due process. Pretty irresponsible of the police to put someone in that position, I reckon.

<Moderator’s note: so long as mainstream media outlets are electing not to name the lawyer, I think we’ll abide by that principle too (whether or not it’s “obvious” who she is). There may be legal reasons for not naming her, and even if not, I’d hate to think that we’re contributing to an individual becoming endangered. This includes any guessing games about or subtle allusions to her name or identity, by the way.>

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Pies4shaw 



Joined: 08 Oct 2007


PostPosted: Tue Dec 04, 2018 9:05 am
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^ However, given that some people may have read the post hinting at her identity before you deleted it, it might be helpful to say that it most definitely is not the person that was there mentioned.

I will provide (quite public and authorised) links to the decisions of the High Court, Court of Appeal and the original trial judge when I am in front of a computer. It is fair to say that there is no further risk to the person capable of arising from speculation here, though - it will be quite obvious from those decisions to anyone who might be motivated by a wish to harm her exactly who she is.
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thesoretoothsayer 



Joined: 26 Apr 2017


PostPosted: Tue Dec 04, 2018 9:18 am
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This is quite an indictment of VicPol.
If someone like Mokbel walks free then surely a bunch of coppers get the sack.
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David Libra

Rose with a violent heart


Joined: 27 Jul 2003
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PostPosted: Tue Dec 04, 2018 9:23 am
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^ It's a massive #$%^-up to say the least. And they must have known that this would be a likely consequence if this got out.
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Culprit Cancer



Joined: 06 Feb 2003
Location: Port Melbourne

PostPosted: Tue Dec 04, 2018 10:20 am
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thesoretoothsayer wrote:
This is quite an indictment of VicPol.
If someone like Mokbel walks free then surely a bunch of coppers get the sack.
and the DPP need to be held accountable. No one will though. Royal Commission result will be a shitload of money spent and her information was not used to get a conviction as they had plenty of other evidence available.
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Pies4shaw 



Joined: 08 Oct 2007


PostPosted: Tue Dec 04, 2018 11:09 am
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Here's the High Court's reasons for judgment:

http://www.austlii.edu.au/cgi-bin/viewdoc/au/cases/cth/HCA//2018/58.html

on the application for leave to appeal from the Victorian Court of Appeal's judgment:

http://www.austlii.edu.au/cgi-bin/viewdoc/au/cases/vic/VSCA/2017/338.html

on the appeal from the Supreme Court's judgment on:

the claim for public interest immunity: http://www.austlii.edu.au/cgi-bin/viewdoc/au/cases/vic/VSC/2017/350.html

and on: the claim for breach of confidence: http://www.austlii.edu.au/cgi-bin/viewdoc/au/cases/vic/VSC/2017/351.html
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