Tony Mokbel is set to launch a constitutional challenge against new legislation that would see his attempt to change his guilty plea to serious drug trafficking charges thwarted.

Mokbel’s lawyer, Peter Faris QC, told the Supreme Court today that he felt the new legislation breached Victoria’s charter of human rights and responsibilities.

“I believe it (the legislation) is unconstitutional, and if he advises me to challenge it I’ll challenge it,” Mr Faris said.

As it stands, Mr Faris has not received legal instruction from Mokbel as he is recovering in Port Phillip Prison’s hospital after suffering a mild heart attack on the weekend.

The State Government announced this new legislation on Monday, to aleviate the faults caused by police failing to properly swear in affidavits in thousands of cases.

The new law will apply to affidavits sworn before November 12 last year, as in the Mokbel case, and will not cover cases where a judge has already ruled that evidence is inadmissible because of the dodgy affidavits, which means Mokbel won’t be able to plead not guilty

Justice Simon Whelan, who has been dealing with Mokbel’s plea change application, said he called the case on today because he believed the legislation was passed by the Legislative Assembly last night.

Late last year, Mokbel applied to change his plea of guilty to not guilty for trafficking large commercial amounts of ecstasy and speed. The application was made after a police officer admitted that he had not sworn in affidavits, relating to Mokbel’s case, correctly.