August 16th 2024.
Nicola Gobbo, a former barrister who is now working as an informant, may face an unfair trial due to the increased public attention surrounding her legal battle against Victoria Police. According to her lawyers, this attention could potentially prejudice the outcome of her case.
Gobbo is suing the State of Victoria for damages, claiming that her safety was put at risk and her career and health were damaged when she was exposed as a police informer. The case is scheduled to go to trial in September, and it is yet to be determined if it will be decided by a jury or a judge.
Recently, there has been a lot of public discussion and media coverage around the case, which has raised concerns for Gobbo's barrister, Tim Tobin SC. He argued that this flurry of activity could be detrimental to his client's case. In response to this, the Victorian government has introduced new legislation that would prevent any compensation claims from being made by individuals who were wrongfully imprisoned due to the use of gangland lawyers as informants. This bill is currently facing opposition in the upper house of parliament.
Tobin expressed his client's desire for a jury trial, but also raised concerns about the level of publicity surrounding the case. He also dismissed reports from the media claiming that Gobbo was seeking $30 million in damages, stating that these claims were baseless and untrue.
Representing the state, Bernard Quinn KC acknowledged that the increased public attention could be prejudicial, but argued that it was irrelevant whether it was prejudicial to Gobbo or the state. Justice Andrew Keogh has postponed his decision on a jury trial until September 13, just over two weeks before the scheduled hearing on September 30. He also ordered that any outstanding documents be shared between the parties by August 29.
The court was also informed that Gobbo, who is currently under witness protection, would need to return to Australia for a medical assessment to determine the extent of her impairment. Tobin explained that a panel of medical practitioners would need to assess her in person before providing a certificate to the court.
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