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DPP has ‘strong relationship’ with police following Lawyer X inquiry

Despite recent media reporting, Victoria’s Director of Public Prosecutions said it has a “strong and close working relationship” with the police force following the events of the Royal Commission into the Management of Police Informants.

user iconNaomi Neilson 11 February 2020 Big Law
Kerri Judd and Graham Ashton
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The informing and registration of criminal barrister Nicola Gobbo have been a big point of contention within Victoria since her role with police was revealed, but at no time did the state’s Office of Public Prosecutions (OPP) accuse senior members of misleading the High Court and Supreme Court about the full history of its informant relationship.

In the sworn statement, the Director of Public Prosecutions (DPP) Kerri Judd detailed dates in which the OPP became aware of Ms Gobbo’s informing, including the extent of the information it received from senior members of police and Ms Gobbo’s solicitors.

“The information was provided in response to a request by the commission of how and when the OPP became aware that Ms Gobbo was used as a human source by the Victoria Police,” Ms Judd said in a recent statement in response to media.

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“Its purpose was to provide a clear and detailed account to the commission and negate a suggestion that the OPP was aware of a 1999 registration of Nicola Gobbo.”

Reporting by media suggested the DPP was accusing senior police members, which includes Chief Commissioner Graham Ashton, of misleading the courts.

However, her statement instead seeks to set the record straight. In a statement made by Mr Ashton, he suggests that around early November 2011, police informed the DPP of Ms Gobbo and that it was conducting an internal investigation into the extent of the information provided by Ms Gobbo and “the OPP in matters raised”.

Ms Judd seeks to clarify here: “From my investigations, I am confident that references to the OPP and DPP in paragraphs [163] and [164] of Mr Ashton’s statement should be a reference to the Commonwealth DPP rather than the state DPP.”

Media reporting also suggests Mr Ashton mislead the courts when he failed to provide information relating to Ms Gobbo’s prior registration. Rather than accusing Mr Ashton of purposefully leaving the information out, the DPP sets out a possible reason why.

During a litigation, Mr Ashton made objections to evidence on the express premise Ms Gobbo was not registered as a human source until September 2005, so that evidence that predated that time was “irrelevant to the current proceedings” and “so ought not to be produced to the parties to those proceedings or to the court”.

“At no time did I accuse senior members, including the Chief Commissioner Graham Ashton, of misleading the High Court and Supreme Court,” Ms Judd said.

“Both myself and the Office of Public Prosecutions continue to enjoy a strong and close working relationship with Victoria Police.”

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