Ms Hennessy has today said that she is “satisfied there is credible evidence” that a miscarriage of justice may have occurred in the conviction for murder of Faruk Orman in the Supreme Court of Victoria in 2009.
Early this year, the state A-G received a petition for mercy on behalf of Mr Orman, and “detailed submissions and extensive evidence in support of the petition” were also provided by his legal team.
Ms Hennessy has said she sought independent legal advice from criminal law experts and has now determined “that there may have been a miscarriage of justice in Mr Orman’s case arising from Nicola Gobbo’s conduct and use as a human source by Victoria Police”.
“I have therefore exercised my power under the Criminal Procedure Act 2009 to refer Mr Orman’s matter to the Court of Appeal to be heard as an appeal,” she said.
“Given the substantial volume of material already available about Ms Gobbo’s conduct in relation to Mr Orman, I do not believe it necessary to await the Royal Commission into the Management of Police Informants’ final report before referring his case.
“I have asked the Department of Justice and Community Safety to advise the Director of Public Prosecutions and the royal commission of my decision.”
As the case has now been referred to the Court of Appeal, Ms Hennessy said it would not be appropriate to make any further comment in relation to this matter.
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