Australian Federal, State and Local Politics
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Black Orchid
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by Black Orchid » Fri Jul 26, 2019 5:48 pm
Faruk Orman, who was jailed for the 2002 murder of underworld figure Victor Peirce, has walked free from a Melbourne court after his conviction was quashed in the wake of the Lawyer X scandal.
He is the first person to get out of jail as a result of Victoria Police's use of underworld lawyer Nicola Gobbo — also known as Lawyer X or Informant 3838.
Mr Orman sat crying and wiping his eyes as his conviction was thrown out by the full bench of the Victorian Court of Appeal this morning.
He was found guilty by a Supreme Court jury of being the getaway driver in the killing of Peirce, who was shot dead as he sat in his car in Port Melbourne in 2002.
Mr Orman has always professed his innocence, and appealed against his conviction all the way to the High Court.
The case against him was thrown into doubt after it was revealed Ms Gobbo, who was Mr Orman's lawyer, was also a police informer and was heavily involved in the evidence used against him.
Mr Orman has served 12 years of his 20-year sentence.
But the President of the Court of Appeal, Chris Maxwell, said Ms Gobbo's actions were a fundamental breach of her legal obligations to her client.
"On the facts conceded, Ms Gobbo's conduct subverted Mr Orman's right to a fair trial and went to the very foundation of the system of criminal trial," he said.
"There was, accordingly, a substantial miscarriage of justice. The appeal must therefore be allowed."
Friends and family, many of whom were in tears, hugged Mr Orman as he leaned over the glass of the dock after the hearing ended, while others lined up to get into court to see him.
Earlier, he had stood smiling and waving after being brought into court.
Last month, the State Government was forced to intervene and grant Mr Orman the right to make a bid for freedom, saying there was evidence he may have suffered a miscarriage of justice due to Ms Gobbo's involvement.
Victoria's Attorney-General Jill Hennessy granted Mr Orman a petition of mercy, ordering his case be reheard before the Court of Appeal.
The key witness against Mr Orman was a gangland supergrass and a client of Ms Gobbo's.
The man testified that Mr Orman confessed to being the getaway driver when Andrew "Benji" Veniamin shot Mr Peirce.
While acting as a defence lawyer for Mr Orman in November 2007, Ms Gobbo was contacted by police explaining that the key witness against him was about to refuse to give evidence.
She told police they should visit the witness in prison and convince him to give evidence, which they did.
Ms Gobbo was a lawyer for many underworld figures and claimed she helped Victoria Police convict many high-profile criminals, including drug kingpin Tony Mokbel and convicted drug dealer Rob Karam.
They and others are hoping to have their convictions overturned on the basis police relied on tainted information from Ms Gobbo.
That could lead to massive compensation payouts, which would ultimately be met by taxpayers.
Lawyers for Mokbel have also indicated they may apply to the State Government for a petition of mercy.
The High Court found by ratting on her clients Ms Gobbo had committed "appalling breaches" of her obligations as a lawyer.
It found Victoria Police was guilty of "reprehensible conduct" for knowingly encouraging her to do so.
A royal commission is now examining the extent of Ms Gobbo's informing and who authorised it.
https://www.abc.net.au/news/2019-07-26/ ... l/11348676
The floodgates are opening. Melbourne will be in a worse mess than it already is!
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Black Orchid
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by Black Orchid » Fri Jul 26, 2019 6:15 pm
Apparently taxpayers may also have to pay these dregs compensation for their time spent in jail. What a mess!
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brian ross
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by brian ross » Fri Jul 26, 2019 6:18 pm
Yes it is. It comes from the coppers not obeying the laws as they are laid down, Black Orchid. Funny that, hey? You'd blame the crims, wouldn't you?
Nationalism is not to be confused with patriotism. - Eric Blair
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Black Orchid
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by Black Orchid » Fri Jul 26, 2019 6:32 pm
brian ross wrote: ↑Fri Jul 26, 2019 6:18 pm
Yes it is. It comes from the coppers not obeying the laws as they are laid down, Black Orchid. Funny that, hey? You'd blame the crims, wouldn't you?
Would I Brian? Shows just how little you know doesn't it? Anything just to get an unwarranted dig in Brian? How 'adult' of you! Tsk tsk!
Yes I blame the criminals for being in jail in the first instance. You apparently do not. Saying I would blame them for a mess the police created now is just plain ignorance and stupidity.
The monkey bars are calling you Brian
ADDENDUM: This is a perfect example of how you try to insult people for no reason. There was absolutely no reason for your nasty little quip. Lucky I am not one to carry on childish games with you though.
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billy the kid
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by billy the kid » Fri Jul 26, 2019 6:46 pm
ffs...the resident moron is now an expert on miscarriage of justice rulings....lawyer/client privilege...etc...
Perhaps he can tell us all about those topics in his usual mature knowledgeable manner.....
Youre just making an absolute fkn fool of yourself with your ridiculous comments which are
obviously vindictive and spiteful.....I suggest you see that shrink asap.....
To discover those who rule over you, first discover those who you cannot criticize...Voltaire
Its coming...the rest of the world versus islam....or is it here already...
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brian ross
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by brian ross » Fri Jul 26, 2019 9:02 pm
Black Orchid wrote: ↑Fri Jul 26, 2019 6:32 pm
brian ross wrote: ↑Fri Jul 26, 2019 6:18 pm
Yes it is. It comes from the coppers not obeying the laws as they are laid down, Black Orchid. Funny that, hey? You'd blame the crims, wouldn't you?
Would I Brian? Shows just how little you know doesn't it? Anything just to get an unwarranted dig in Brian? How 'adult' of you! Tsk tsk!
Yes I blame the criminals for being in jail in the first instance. You apparently do not. Saying I would blame them for a mess the police created now is just plain ignorance and stupidity.
The monkey bars are calling you Brian
ADDENDUM: This is a perfect example of how you try to insult people for no reason. There was absolutely no reason for your nasty little quip. Lucky I am not one to carry on childish games with you though.
Black Orchid, run along now. If you've been insulted, I am sorry, I simply call it as I see it. The Crims aren't to blame here, the coppers are. They sought convictions by cheating the system. While it might satisfy some, it doesn't satisfy society as a whole. The rules are there for a reason and the coppers chose to ignore them.
Nationalism is not to be confused with patriotism. - Eric Blair
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billy the kid
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by billy the kid » Fri Jul 26, 2019 9:47 pm
Perhaps the resident moron can enlighten us regarding those rules to which he refers.....you know those rules which apply to
lawyer/client privilege and also the miscarriage of justice....you know...those rules to which you refer to....tell us all about them...
no...I didn't think so......
To discover those who rule over you, first discover those who you cannot criticize...Voltaire
Its coming...the rest of the world versus islam....or is it here already...
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cods
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by cods » Sat Jul 27, 2019 7:45 am
Black Orchid wrote: ↑Fri Jul 26, 2019 6:15 pm
Apparently taxpayers may also have to pay these dregs compensation for their time spent in jail. What a mess!
they are in jail because they broke the law....it is tainted evidence no doubt about that but it wasnt made up...they did the deed in the first place..
I think if any compensation is forthcoming it should be this LAWYERS duty to pay it....not the tax payers....the police wouldnt have any evidence had she not offered it in the first place.....I find this so hard to believe no one had a clue what she was up too.....
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Nom De Plume
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by Nom De Plume » Sat Jul 27, 2019 12:38 pm
I think that the police should be held to account and jailed where they are found in breach of the law.
"But you will run your kunt mouth at me. And I will take it, to play poker."
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Black Orchid
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by Black Orchid » Sat Jul 27, 2019 5:41 pm
Other inmates appealing their convictions due to Lawyer X’s conduct are drug lord Tony Mokbel and drug trafficker Rob Karam, who was locked up over one of Australia’s biggest drug busts where 4.4 tonnes of ecstasy pills were discovered stashed in tomato tins.
Ice cook Zlate Cvetanovski is also appealing his conviction after being jailed for 11 years.
The High Court of Australia in November described Victoria Police’s use of Ms Gobbo to inform on her clients as “reprehensible conduct’’, prompting a royal commission.
Orman is the only jailed person affected by Lawyer X who has been given significant disclosure from police about Ms Gobbo’s informing on him, The Herald Sun reported.
https://www.news.com.au/national/victor ... 553675a89c
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