Tony Mokbel is appealing his convictions given his past connection to barrister-turned-informer Nicola Gobbo.Ms Shann said the dispute over factual points meant there was a risk of Mokbel’s appeal “blowing out” in its duration and the Court of Appeal’s time being wasted.But Victoria’s chief prosecutor, Brendan Kissane, QC, rejected the suggestion the OPP wasn’t playing by the court’s rules in its written case.
Mr Kissane said the Court of Appeal could not rely on “general assertions” over the association between Mokbel and Ms Gobbo, as it had to analyse the cases Mokbel pleaded guilty to and then rule if there was new evidence compelling enough to quash the convictions. Judicial registrar Deirdre McCann said she didn’t want the appeals judges to have to relitigate matters that had already been settled. She asked Mokbel’s lawyers and prosecutors to compile a document on exactly what matters were disputed.
She ordered the document be filed early next year, so the parties could review it before a further case management hearing.Although the OPP’s written case has been filed, the hearing was told Mokbel’s lawyers were still waiting on documents to be released by Victoria Police and Corrections Victoria, while some files from prison authorities were unavailable.
Debra Coombs, acting for Corrections Victoria, said prison phone records from 2000 to 2005 no longer existed, and hopes of finding some of the other requested documents were slim because of the way the prisons stored them.
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