The Victorian Court of Appeal has quashed one of drug baron Tony Mokbel s cocaine importing convictions over the Lawyer X scandal.
Mokbel, 55, who is serving a 35-year sentence for a number of drug-related charges, appeared in court via video link from Barwon prison.
Justices Chris Maxwell and David Beach axed Mokbel s conviction for importing a commercial quantity of cocaine after the Commonwealth Director of Public Prosecutions agreed the leave for appeal should be granted and the conviction set aside.
Nicola Gobbo was representing Mokbel for charges he faced over Operation Paddle while acting as a police informer.(The Age)
The court heard from Mokbel s lawyer Ruth Shann the conviction should be quashed due to gangland barrister and police informer Nicola Gobbo s involvement in the trial.
The Commonwealth conviction was quashed after the Commonwealth Director of Public Prosecutions conceded Mokbel s leave for appeal should be granted and the conviction set aside.
Rowena Orr, QC, lawyer for the Commonwealth, said the director would not pursue a retrial. Mokbel has served the 12-year sentence he was given for the cocaine importation charges. The director has already determined in this matter to not conduct a retrial, Ms Orr said. Given that the applicant has served his sentence, the director has made that determination.
Justice Maxwell said the question of a retrial had not yet been decided. We reserve for further consideration, the question of whether following that quashing, there should be an order for retrial or an order for a verdict of acquittal be entered, he said.