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Tony Mokbel hearing continues

Mokbel, who pleaded guilty on April 18, may have found a loop in the legal system to avoid more jail time

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21 Nov 2011

Mokbel pleaded guilty on April 18 and sought several adjournments to prepare plea material. But in September, in an unrelated case, it was indicated that some affidavits had not been sworn in by police when getting search warrants and the practice might have been prevalent.

The judge in that case then ruled out evidence that had come from the unsworn affidavits. Notorious crime boss Tony Mokbel pleaded guilty earlier this week over major drug trafficking offences in April.

Upon hearing the development of the unrelated case, Mokbel then decided to try and plead not guilty, on the basis that his evidence may have been tainted, when it was revealed that police had neglected to swear on some affidavits, which were used to get search warrants. It is unknown whether the practice was involved in warrants used to get evidence against Mokbel. Mokbel's barrister Peter Faris QC said if this had occurred in his client's case it would justify his change of plea.

The court were informed on Thursday that it is expected to hear from every officer who swore an affidavit to gather evidence against Mokbel in three drug operations. Prosecutor Peter Kidd said there were 20 officers who swore affidavits in the Mokbel cases and that statements would be gathered from all of them. The prosecution argued that even if some evidence is excluded, there would still be a strong case against Mokbel.

The hearing continues this week.

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