In 2011, Mr Cvetanovski was found guilty on dishonesty charges and for trafficking a large commercial quantity of methylamphetamine. He was sentenced to 10 years for trafficking, and an additional year on the dishonesty charges, partly based on “tainted evidence” that was delivered to the court from one of Ms Gobbo’s drug cook clients.

“This suffices to establish a real risk of injustice,” appeal court documents read. “It is not, in any event, possible to form a more definitive view at present, given the complexity and novelty of the issues raised and the scale and nature of documentation to be examined.”

Mr Cvetanovski will be eligible for parole on 3 August this year, having already served the non-parole period of nine and a half years. The court said there is no prospect of his court conviction being ready for a hearing by that time, principally because of continuing delays in obtaining relevant documents from Victoria Police and the royal commission.

Although the Director of Public Prosecutions opposed the bail, the court allowed it on the grounds that continued incarceration in the lead-up to the trial will be a “grave injustice”.

Mr Cvetanovski is appealing three convictions and will argue the effect on the fairness of the trial based on the non-disclosure by the prosecution of the association of Lawyer X in the chief prosecution witness’ – named Mr Cooper for the court – evidence.

The court accepted Ms Gobbo provided legal assistance to Mr Cooper and, despite what was a conflict of interest, legal advice to Mr Cvetanovski, as part of her police informing.

Zlate Cvetanovski grounds for an upcoming appeal trial
Bail was granted to Mr Cvetanovski following an assertion that he had a surety in the sum of $500,000 – in fact, $400,000 was offered by his former wife – and he had the prospect of continuing higher education at Murdoch University, with a static address and support.

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He also argued that the COVID-19 pandemic impact would have affected him in a prison over the next six months, while he prepared for his upcoming appeal trial.

Notwithstanding his contention that he still requires the production of a significant number of documents in order to prosecute his applications for leave to appeal, the applicant has filed an “interim/holding” written case in Victoria’s Court of Appeal.

It will ultimately hinder Mr Cooper’s evidence. As the sentencing judge put it: “Clearly, [Mr Cooper’s] evidence was the pivotal evidence in the trial and the jury could not have convicted [Mr Cvetanovski] if they did not accept his evidence beyond reasonable doubt.”

Mr Cvetanovski contends that Mr Cooper assisted police “by becoming a witness against a number of people,” in circumstances where Ms Gobbo “manipulated, assisted and had encouraged him to do so” while acting as a legal adviser for both sides.

“it seems to not be in dispute that, had the applicant been aware of Ms Gobbo’s activities at the time of his trial, he would have had the availability to him powerful additional matters for use in challenging both the admissibility and the veracity of the evidence of a [principal] witness against him [being Mr Cooper],” the court documents set out.

Chief commissioner list demands for appeal hearing
Victoria Police chief commissioner Graham Ashton has asserted that some requests from Mr Cvetanovski should fail because they are “too wide” and submits he must provide any evidence that the documents he is seeking will materially assist him with his application.

He has also requested that Mr Cvetanovski demonstrate that releasing said materials will be in the public interests and the legal team accepts specific confidentiality undertakings.

On top of this, Mr Ashton has asked the court before it determines the application, to first notify the Royal Commission into the Management of Police Informants so that it will have the opportunity to respond to the decision, as should Victoria Police.

“It is plain from the chief commissioner’s submissions that a resolution of the disclosure applications made by the applicant is not likely to occur in the short-term,” he said.