Barrister-turned-informant Nicola Gobbo could face an unfair trial because of increased public attention into her lawsuit against Victoria Police, her lawyers say.
The former gangland barrister is suing the State of Victoria for damages, claiming officers put her safety at risk and her unmasking as a police informer damaged her health and career.
The case has been set down for a Supreme Court trial in September, with the court yet to determine whether it will be a jury trial or decided by a judge alone.
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Gobbo’s barrister Tim Tobin SC today told the court recent public attention around the case could be prejudicial to his client.
On Tuesday, the Victorian government unveiled new legislation seeking to outlaw compensation claims over the use of gangland lawyers as police informants.
The State Civil Liability (Police Informants) Bill 2024 would halt any civil suits from anyone courts find to be wrongfully imprisoned over the scheme and Gobbo herself.
The bill still needs to be debated in parliament’s upper house where it is facing opposition from the Coalition, the Greens and other cross-benchers.
Tobin said the “flurry of activity” around the bill had increased public attention and discussion around Gobbo’s case.
She was still seeking a jury trial but there were concerns the level of publicity could be prejudicial to her, Tobin said.
He also rubbished media reports his client was seeking $30 million in damages, saying the claims were “nonsense” and not based in reality.
Bernard Quinn KC, who is representing the state, accepted it would be prejudicial if there was increased public attention close to trial.
But he said it was irrelevant whether it was prejudicial to Gobbo or the state.
Justice Andrew Keogh deferred his decision on a jury trial to September 13, just over two weeks before the hearing is due to start on September 30.
He ordered further sought-after documents should be shared between the parties by August 29.
The court was also told Gobbo, who is in witness protection, would need to be in Australia for an assessment on her level of impairment.
Tobin said the panel of medical practitioners needed to assess her in person before they could provide a certificate to the court.
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