Gangland killer Faruk Orman granted right to appeal conviction over Lawyer X concerns

Updated

June 26, 2019 14:22:20

In an extraordinary move by Victoria’s Attorney-General, a gangland murderer has been granted the right to appeal his conviction over fears he may have suffered a miscarriage of justice due to the involvement of police informant Nicola Gobbo, who became known as Lawyer X.

Faruk Orman had exhausted all of his other legal options to appeal his conviction for the murder of Victor Peirce in Port Melbourne in 2002.

Attorney-General Jill Hennessy has granted him a petition for mercy, referring the case to the Court of Appeal before the completion of the royal commission into Victoria Police’s use of Ms Gobbo as a human source.

“Given the substantial volume of material already available about Ms Gobbo’s conduct in relation to Mr Orman, I do not believe it necessary to await the Royal Commission into the Management of Police Informants’ final report before referring his case,” Ms Hennessy said.

“Based on the material provided by Mr Orman’s lawyers, I am satisfied there is credible evidence that there may have been a miscarriage of justice in Mr Orman’s case arising from Nicola Gobbo’s conduct and use as a human source by Victoria Police.”

Ms Gobbo was a lawyer to many underworld figures but was also providing information to police — the behaviour is subject to the royal commission currently underway in Melbourne.

Mr Peirce, who was charged with and acquitted of the murders of two young police officers in Walsh Street, South Yarra in 1988, was shot dead by Andrew “Benji” Veniamin while he sat in his car in Bay Street, Port Melbourne in May 2002.

A jury found Orman, then 20 years old, drove Peirce to the scene and watched as Veniamin got out of the stolen car and fired several shots at Peirce through the window of Peirce’s vehicle.

In sentencing Orman to a minimum term of 14 years, Justice Mark Weinberg said Orman had acted “in concert” with Veniamin in what was “a carefully planned execution”.

Full statement from Ms Hennessy:

In February 2019, I received a petition for mercy on behalf of Faruk Orman, who in 2009 was convicted of murder in the Supreme Court of Victoria.

Detailed submissions and extensive evidence in support of the petition were provided to me by Mr Orman’s lawyers in April and May 2019.

I subsequently sought independent advice from criminal law experts on the petition.

Based on the material provided by Mr Orman’s lawyers, I am satisfied there is credible evidence that there may have been a miscarriage of justice in Mr Orman’s case arising from Nicola Gobbo’s conduct and use as a human source by Victoria Police.

I have therefore exercised my power under the Criminal Procedure Act 2009 to refer Mr Orman’s matter to the Court of Appeal to be heard as an appeal.

Given the substantial volume of material already available about Ms Gobbo’s conduct in relation to Mr Orman, I do not believe it necessary to await the Royal Commission into the Management of Police Informants’ final report before referring his case.

I have asked the Department of Justice and Community Safety to advise the Director of Public Prosecutions and the Royal Commission of my decision.

As the case has now been referred to the Court of Appeal, it is not appropriate for me to make any further comment in relation to this matter.

Topics:

courts-and-trials,

law-crime-and-justice,

police,

judges-and-legal-profession,

royal-commissions,

melbourne-3000,

vic,

australia

First posted

June 26, 2019 14:10:09

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