Kellam Review

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The Kellem review was an Independent Broad-based Anti-corruption Commission (IBAC) inquiry undertaken by Murray Kellam AO KC from July 2014 to February 2015 into Victoria Police human source management. The review was initiated in response to newspaper reports about the actions of lawyer Nicola Gobbo in providing information to police.

Contents

Enquiry

On 14 July 2014 the Independent Broad-based Anti-corruption Commission (IBAC) appointed chief of the Tasmanian Integrity Commission [1] and former Justice of the Supreme Court of Victoria, Murray Kellam AO KC , to undertake an enquiry into Victoria Police human source management under section 32(5) of the IBAC Act (2011). [2]

The review referenced Victorian Bar Rules that state "a barrister must seek to advance and protect the client's interests to the best of the barrister's skill and diligence" and noted that a breach of these rules may constitute professional misconduct as well as perverting the course of justice via denying the court access to important information. [3] : 263–266  In particular Kellam noted that most information provided by a client to a barrister are either confidential or are covered by legal privilege [3] : 264  and quoted the Covert human intelligence sources : code of practice from the United Kingdom which was released in 2002.

Where there is any doubt as to the handling and dissemination which may be subject to legal professional privilege, advice should be sought from a legal advisor before any further dissemination of the material takes place.

— Covert human intelligence sources : code of practice [4] via Kellam Review [3] : 266 

After examining 14 witnesses under oath including Gobbo's police handlers, [3] : 263  and reviewing more than 5500 documents, but without inviting Gobbo to give evidence, [5] [6] Kellam presented a confidential report to IBAC in February 2015 which found that Gobbo was not acting in the best interests of her clients [3] : 264  as well as a high order of negligence in the handling of human sources by Victoria Police [7] [8] whilst they left Gobbo to manage her legal and ethical responsibilities. [9] [10]

The serious systemic failure of VicPol in relation to the management of the Source [lower-alpha 1] is primarily responsible for the grave risk which has now been created for the personal safety of the Source, for the good reputation and public confidence in VicPol and to the administration of justice in Victoria.

— Kellam Review [3] : 266 

The report identified 9 convictions that may have been affected by the actions of Gobbo [3] : 267  and directed Victoria Police to provide a copy of the Kellam review to the Director of Public Prosecutions (DPP), John Champion, [3] : 268  [11] and recommended that Victoria Police and the DPP investigate the impact of Gobbo's actions on criminal convictions. [12] In response to the report acting Chief Commissioner Tim Cartwright said that "There is no evidence at this stage of any threat to any conviction or any evidence of mistrial". [3] : 263 

Aftermath

After the completion of the Kellam Review, the DPP concluded that there was an obligation to inform some of Gobbo's former clients of her actions however Gobbo and Victoria Police launched legal action to keep the information suppressed. This legal case eventually reached the High Court of Australia and became the AB v CD case. [13] [12]

During legal arguments for a 2016 Herald Sun article about the appeals of Rob Karam, Victoria Police confirmed that the Kellam review concluded police used information from an informer which may have affected one or more trials, [3] : 269  stating:

The use of information provided by a police informer or informers may have compromised the fair trial of criminals such as Rob Karam.

— Kellam Review [3] : 269 

In 2016 it was claimed that documents had been withheld from the enquiry by Victoria Police but the complaint was dismissed [7] and during the Royal Commission into the Management of Police Informants it was stated that IBAC had not looked into the impact of Gobbo's actions on criminal cases as part of their review.

Footnotes

  1. ↑ now known to be Nicola Gobbo [3] : 266 

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References

  1. ↑ Day, Lauren (2015-08-07). "Corruption watchdog chief blasts 'complacent' Tas Government". ABC News. Retrieved 2022-12-25.
  2. ↑ "IBAC appoints the Hon Murray Kellam AO QC to examine Victoria Police's handling of human sources". IBAC. Retrieved 2022-03-27.
  3. 1 2 3 4 5 6 7 8 9 10 11 12 Dowsley, Anthony; Carlyon, Patrick (2020). Lawyer X : The scandalous story of how Melbourne's Gangland War was really won (1st ed.). Sydney, NSW. ISBN   978-1-4607-5806-9. OCLC   1141076627.
  4. ↑ Covert human intelligence sources : code of practice ; pursuant to section 71 of the Regulation of Investigatory Powers Act 2000. Home Office, Great Britain. London: Stationery Office. 2002. ISBN   0-11-341285-1. OCLC   51084731.{{cite book}}: CS1 maint: others (link)
  5. ↑ "Melbourne gangland lawyer explains why she became a police informant". ABC News . 2018-12-04. Retrieved 2022-03-18.
  6. ↑ Taylor, Josie (2015-02-06). "IBAC to finalise probe into 'Lawyer X' case". ABC News . Retrieved 2022-10-18.
  7. 1 2 Sakkal, Erin; Pearson, Paul (2019-03-01). "Informer 3838: Timeline of a scandal 26 years in the making". The Age . Retrieved 2022-02-08.
  8. ↑ "Inquiry into Victoria Police human source management concludes". IBAC. Retrieved 2022-02-08.
  9. ↑ "IBAC could investigate Lawyer X, police". 7NEWS. 2020-10-27. Retrieved 2022-12-20.
  10. ↑ "Lawyer X: senior police were warned about risk to prosecutions, inquiry told". the Guardian. 2019-03-28. Retrieved 2022-12-20– via Australian Associated Press.
  11. ↑ McKenzie, Nick; Baker, Richard; Bucci, Nino (2015-02-10). "IBAC inquiry finds police mishandled key gangland witness". The Sydney Morning Herald. Retrieved 2022-12-20.
  12. 1 2 Mills, Tammy (2020-02-18). "Police left on their own to deal with tainted convictions, inquiry told". The Age . Retrieved 2022-05-02.
  13. ↑ Ratliff, Evan (2020-01-16). "The Mysterious Lawyer X". The California Sunday Magazine . Retrieved 2022-03-21.

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