Two former Victoria Police officers found to have engaged in corrupt conduct have flagged they plan to launch a High Court bid to keep their identities secret.
In a bombshell ruling late last year, NSW Supreme Court Justice Elizabeth Fullerton found four police officers formed a “joint criminal enterprise” with gangland barrister Nicola Gobbo to take down drug kingpin Tony Mokbel.
Mokbel is appealing his 2012 conviction on drug offences following the revelation that Ms Gobbo, his longtime lawyer, was a police informant.
Justice Fullerton was brought down from Sydney to avoid conflict of interest concerns and tasked with making findings on a series of 24 reference questions initiated by the Court of Appeal for Mokbel’s appeal.
In her judgment, Justice Fullerton found that, on the balance of probabilities, the four officers engaged in corrupt conduct during a meeting with Ms Gobbo and a client, known as Mr Cooper, who had been a drug cook.
Ms Gobbo was used to help “roll” Mr Cooper, who was convinced to provide evidence against Mokbel.
Following the ruling, two of the officers sought a suppression order on their identities until their deaths, which was rejected by Justice David Beach.
The officers raised “deep concern” about the public disclosure of the court’s finding, suggesting it could affect their mental health, reputation, broader lives and employment prospects.
Justice Beach found the redactions sought would likely undermine confidence in the administration of justice.
“Any redactions to any judgment makes the judgment less transparent, potentially causing questions to be asked as to what else about the Lawyer X scandal is now being hidden from public view,” he said.
The two officers then appealed the decision in the Court of Appeal which, on Thursday, was rejected by Chief Justice Richard Niall, Justice Karin Emerton and Justice John Forrest.
But the officers were given a reprieve after their barrister, Renée Enbom KC, was granted an continuation of an interim suppression order pending filing of, or determination of, a High Court challenge.
She argued to not extend the order, which prevents publishing anything that could identify the officers, would render any appeal or subsequent application for a suppression order on new grounds “nugatory”.
The two officers have 28 days to file an application for leave to appeal the decision in the High Court.
Last year, Ms Gobbo sued Victoria Police alleging they breached a duty of care to her.