Tony Mokbel, a notorious figure in Melbourne’s underworld, is making a significant effort to overturn drug convictions dating back 14 years, although it may take weeks or even months to determine the outcome. The Victorian Court of Appeal recently wrapped up six days of hearings, which were initially expected to last four days.
At 60 years old, Mokbel is contesting his convictions for drug trafficking and importation, arguing that they were compromised due to the actions of former barrister turned police informer, Nicola Gobbo. Gobbo was registered as an informer for Victoria Police from 2005 to 2009 and simultaneously served as Mokbel’s lawyer for several years, until he absconded to Greece in 2006. Despite his fugitive status, she continued to provide legal advice even after his extradition back to Melbourne in 2008.
In 2011, Mokbel pleaded guilty to multiple charges related to drug trafficking, thanks to a deal with the prosecution. However, he later sought to withdraw this plea, a request that was denied in March 2012, leading to a substantial 30-year prison sentence.
During the latest court proceedings, Mokbel’s barrister, Tim Game SC, argued that Gobbo had violated her professional obligations as an attorney by simultaneously acting as an informer. He suggested that her actions resulted in the “corruption” of evidence in Mokbel’s cases, as she allegedly encouraged two clients to testify against him.
Prosecutors have countered this claim, asserting that if Mokbel’s appeal is successful, a retrial would be necessary to uphold public interest in prosecuting these charges. However, Game argued that the credibility of Gobbo’s former clients could be challenged, potentially disqualifying their testimonies in court.
Justice Stephen McLeish of the Court of Appeal has reserved the court’s decision and has not specified a date for the ruling. He acknowledged the contributions of the parties involved and extended Mokbel’s bail, which remains contingent upon strict compliance with 30 conditions since his release in April. This includes daily police check-ins, a curfew from 8 PM to 6 AM, and the requirement to wear a GPS monitoring device. Mokbel’s bail is backed by a $1 million surety provided by his sister, Gawy Saad.