Gangland barrister-turned-informant Nicola Gobbo has backed down from her application to have a non-Victorian judge preside over her lawsuit against the police force.
The former lawyer 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 later in September, with Gobbo expected to attend in person.
READ MORE: Ballarat man pleads not guilty to murder of Hannah McGuire
Her barrister Tim Tobin SC yesterday flagged his client would make an application to recuse the state’s judges from presiding over the trial.
He said Gobbo had concerns with the Victorian judiciary, particularly former director of public prosecutions Kerri Judd, who decided against charging those implicated in the Lawyer X saga and was made a Supreme Court justice on Tuesday.
“I’m instructed to say the plaintiff is so concerned she would seek someone other than a member of the court,” he told the court yesterday.
The application was due to be heard in the Supreme Court this afternoon, but the court confirmed the hearing was vacated as the application was no longer being pursued.
Justice Andrew Keogh will still need to determine whether the trial is determined by jury or a judge alone.
The state is pushing for a judge-alone trial, noting a jury could be tainted by the extensive publicity surrounding Gobbo.
The case was also legally and factually complex, which could be problematic for a jury, state barrister Bernard Quinn KC told the court yesterday.
Gobbo is seeking a jury trial, with Tobin stating she believed other citizens could more objectively determine her case.
Justice Keogh will hand down his decision on the jury application at a later date.
links to content on ABC
9News
