It is a matter of pride for lawyers to be free and able to work on both sides of the road. In particular, the rule of the cockpit for lawyers said so much. One day as a prosecutor, then for a defendant; for the state and against it. And in the civil sphere there is much exchange of hats while working for the plaintiffs and alternatively for the defendants.
We now have the Victorian police informant and the former lawyer known as the attorney X, the 3838 informant or in court proceedings like EF, who work "on both sides of the road" to new and previously unexplored levels. He was buying his clients to the police who were processing them, particularly when he was a consultant for the Melbourne crime character, Tony Mokbel and his associates, while providing information to the police about his clients. About eight years ago, Victoria's police paid her nearly $ 2.9 million in compensation for her problems.
In November of last year the High Court revoked suppression orders that had kept the story hidden for years, imposing other orders to protect EF's identity.
As often happens with the suppression orders in a porous information, the story is out. Hardly a lawyer, a judge or a criminal convicted in Melbourne do not know the identity of Informer 3838.
On 4 February, the Victorian court extended repression orders and to be sure that they would come out more from the ongoing investigation, which has the benevolent name of "royal commission in the management of police informants" ".
More appropriately, it could be called a royal commission in the corruption of the criminal justice system. The terms of reference must already be optimized because the Victoria police have discovered that Informer 3838, alias Lawyer X, aka EF, had been informing since 1995, 10 years before the first suspect.
The royal commissioner Malcolm Hyde fell on his sword due to a perceived conflict of interest, having been a senior Victorian police officer during this previous period. The commission of soldiers took command of the former president of the Queensland Court of Appeal, Margaret McMurdo.
Now it is evident that this perversion of justice is deeper, wider and longer than previously thought. It is said that other lawyers are involved in disengaging their clients from the police, and not just from Victoria. To what extent it has spread is for now a matter of conjecture. Are there any judges on the racket? To perish the thought.
This will continue to distract itself painfully, damaging the so-called independence of the legal profession, and betraying a system of criminal justice allegedly designed to give every advantage to the citizen against the state. The Victorian bar was ready to quarantine the consequences, saying that there is nothing to suggest that other lawyers are involved and that what has been discovered so far is "completely aberrant".
In his heart this is a story of secrets and the struggle in the courts over the past four years to keep control over them.
In 2014 the Independent Independent Anti-Corruption Commission of Victoria (IBAC) had the former Supreme Court Judge Murray Kellam conducting a survey on the "management of human resources" of Victoria Police and in particular on the question of whether such management had conformed to the appropriate ethical and legal obligations. ". This was the Leven operation.
In February 2015, Kellam completed the report by examining how attorney X had started working as a defense attorney for Mokbel and six of his criminal associates in drug trafficking while at the same time working with the police to secure his convictions. This had the potential to undermine defendants' defenses, regardless of keeping relevant information from prosecutors.
In July 2012 Mokbel was sentenced to 30 years in prison in the Supreme Court of Victoria for a minimum period of 22 years.
The IBAC report was not made public, but went to the Victorian police who then sent it to the DPP. Since those two agencies have been involved in long and costly cases. The DPP believes it has a duty to disclose the findings of the report to convicted clients of lawyer X, while the police strenuously objected to the release of the information, saying that it would result in the "almost certain" death of their informant.
On 10 June 2016, the police commissioner initiated proceedings before the Supreme Court to obtain a statement that disclosure of information was contrary to the public interest, known to lawyers as immunity to public interests.
On 11 November 2016, the attorney X was added as a plaintiff and also initiated a separate proceeding based on the fact that he owed a duty of confidentiality.
The case was listened to secretly with the suppressed publication.
In June of the following year, Judge Timothy Ginnane dismissed the proceedings, believing that while there was a public interest in preserving the anonymity of the identity of EF, there was a stronger public interest in the dissemination of information in the anti-corruption commission report.
Trust in the criminal justice system required less.
On November 21, 2017 appeals were filed and in May of last year the police and lawyer X went to court where, in November, their case was rejected with the accompaniment of fierce comments.
The violation of the professional duty of the lawyer was "terrifying"; the Victoria police were guilty of "reprehensible conduct"; the results of the accusation had been "corrupted in a way that degrades the fundamental premises of the criminal justice system".
It follows that the sentences must be reviewed by the DPP. It was only then that the whole world became aware of Informer 3838 actions and the inevitable fallout followed in quick order.
All the time, the courts expressed concern about the safety of whistleblowers, yet refused to participate in a witness protection program with their children. In fact, there are reports that have been seen around Melbourne and that it delivers its children to school. He is a member of an important Victorian family and is widely known.
In a dark turn, the high court noted that she is anxious to avoid witness protection because she believes that "Victoria's police can not be trusted to maintain confidentiality".