September 19th 2024.
Nicola Gobbo, the former gangland barrister who became an informant, has recently made the decision to withdraw her request for a non-Victorian judge to oversee her lawsuit against the police force. Gobbo is suing the State of Victoria for damages, claiming that her safety was compromised and her health and career were greatly impacted when she was exposed as a police informer.
The case is set to be heard in the Supreme Court this month, and Gobbo is expected to attend in person. Her barrister, Tim Tobin SC, had initially indicated that his client would make an application to have the state's judges recused from presiding over the trial. Tobin expressed concerns about the Victorian judiciary, particularly the former director of public prosecutions, Kerri Judd. Judd had made the decision not to charge those involved in the Lawyer X scandal and was recently appointed as a Supreme Court justice.
During a court hearing yesterday, Tobin informed Justice Andrew Keogh that his client had concerns and would prefer to have someone other than a member of the court presiding over the trial. However, the scheduled hearing for this afternoon was cancelled as Gobbo is no longer pursuing this application.
The decision now rests with Justice Keogh to determine whether the trial will be decided by a jury or a judge alone. The state is advocating for a judge-alone trial, citing concerns that a jury may be influenced by the extensive media coverage surrounding Gobbo's case. The state's barrister, Bernard Quinn KC, also pointed out that the case is legally and factually complex, which could pose challenges for a jury.
On the other hand, Gobbo is adamant about having a jury trial, with Tobin stating that she believes her case would be better understood by fellow citizens. Justice Keogh will announce his decision regarding the jury application at a later date.
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