What happens when you are charged with a crime?

What happens when you are charged with a crime?

The Victorian Government has announced a royal commission into the convictions of some of the state’s most notorious criminals including drug lord Tony Mokbel.

Premier Daniel Andrews made the announcement after it was revealed some of the convictions could be in jeopardy after revelations their cases may have been compromised by a supergrass lawyer.

It was revealed on Monday Victoria Police tried to stop the Director of Public Prosecutions from telling Mokbel and six of his associates that a supergrass lawyer was informing on them at the same time she was representing them.

The police chief commissioner and the barrister tried to prevent disclosing the arrangement, arguing it would place her and her children at risk of harm and deter future informers coming forward.

Mr Andrews said the $7.5 million inquiry would look at how many cases had been directly impacted and if any changes needed to be made to the management of informants to “ensure this can never happen again”.

He said the commissioner would make recommendations on how to deal with impacted cases, with regards to convictions and compensation.

Mr Andrews said the commission was needed so the government could be absolutely clear on the situation.

“There is the prospect of some very well known individuals walking free,” he said.

“How on earth did it happen and what do we have to do to make sure it can never happen again? That’s what the royal commission process is all about.”

Mr Andrews said there was some degree of confidence this wasn't happening anymore but self-assessments were not enough and they wanted certainty.

“These are very serious matters taken very seriously by every member of my team,” he said.

“I can understand why people will feel angry about this and disappointed.

“It’s not about getting angry upset, it’s about getting it right.”

He said some criminals would have already been released.

The revelations were uncovered following the lifting of a series of court suppression orders on Monday, released jointly by the Court of Appeal, Supreme Court and High Court.

After a legal battle spanning more than four years, the Herald Sun revealed Director of Public Prosecutions, Kerri Judd, would send out notifications to former clients of informer 3838. The lawyer was a registered informer from 2005 to 2009.

Read more at the Herald Sun.

After the convictions of the seven men for serious crimes, a report prepared by corruption watchdog IBAC had recommended the DPP consider whether the barrister’s conduct led to a miscarriage of justice in any of the cases. The 2015 report found “negligence of a high order” when it came to how police managed informers.

Murray Kellam QC said police failed to act in line with appropriate policies and guidelines when managing informers and it had potential to adversely affect the administration of justice in Victoria.

The then-DPP decided his duty as prosecutor required him to tell the seven offenders that the barrister had told police information about them, while also acting for them.

Mr Andrews said they aimed to have an answer on convictions by July 1 next year, with the balance of work completed by December.