In new documents submitted by the inquiry’s counsel assisting (CA), the lawyers noted it was open to commissioner Margaret McMurdo to discover that Ms Gobbo’s evidence before Justice Tim Ginnane in 2017 was “untruthful and most likely deliberately so”.

During the AB v CB & EF litigation proceedings, the Supreme Court of Victoria sought to determine whether Ms Gobbo was involved in the statement-making process of one of her supergrass clients, known by the pseudonym Mr McGrath. The commission had previously heard that she had edited some of the statements as his legal adviser.

Under questioning, Ms Gobbo told Justice Ginnane that she did not know what was in Mr McGrath’s statements and had not taken part in the statement-making process.

“The fact is, not only was Ms Gobbo involved in the statement-making process (by any reasonable understanding of the phrase), she knew in minute detail what was included in Mr McGrath’s statements,” CA claimed in their submissions.

“On the evidence [before the royal commission], it is open to the commissioner to find that Ms Gobbo’s evidence to the commission was deliberately evasive and suggested that she was aware that she had deliberately lied – or at best knowingly – misled the Supreme Court whilst she was on oath.”

Ms Gobbo’s lawyers rejected these suggestions, claiming that she was suffering from various illnesses at the time that resulted in memory loss. On that information, matters relating to Mr McGrath’s statement and the trial “fell within this period”.

“Consequently, to consider answers untruthful in those circumstances is grossly unfair and demonstrates counsel assisting have been exceptionally subjective in the manner in which they have considered the evidence and have been selective to the evidence that which suits their narrative,” her lawyers submitted in response.

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Ms Gobbo’s lawyers said she was not involved in the actual statement process, noting that unchallenged evidence found that Mr McGrath provided statements to the police over several days but prior to signing any statements, he asked to speak to Ms Gobbo as his legal adviser. She was then involved in considering the statements.

When Victoria Police were sceptical that Mr McGrath did not know about a plan for the murder of a gangland figure, it was conveyed to Ms Gobbo who took it to Mr McGrath. Ms Gobbo said she did not see the final statement Mr McGrath then signed.

“So, when Ms Gobbo gave evidence before Justice Ginnane that she was not involved in the statement-making process, strictly speaking, she was correct,” her lawyers said.

“Taking her evidence together, coupled with the limitations of her memory, the lack of ability to consider material prior to her [inquiry] evidence, her childcare responsibilities, her medical health… It should not be accepted Ms Gobbo was deliberately untruthful before Justice Ginnane.

“The commissioner on all the material cannot be satisfied to the requisite standard that Ms Gobbo deliberately lied or was untruthful.”