SOURCES:

Informer regains protection
By Peter Gregory
The Age
September 28, 2007

Condello hit plan on tape
By Michael Warner
Herald Sun
September 27, 2007

Mobster was desperate for guns
Herald Sun
September 21, 2007

Informer granted hearing over witness protection
The Age
June 28, 2007

Seven Nightly News
March 6, 2007

Gangland lawyer to stand trial
The Age
March 6, 2007

ABC TV News
March 6, 2007

Southern Cross Radio Network
March 6, 2007

Gangland lawyer faces trial
By Elissa Hunt
Herald Sun
March 6, 2007

Lawyer linked to killer's gun
By Elissa Hunt
Herald Sun
March 6, 2007

Lawyer accused of passing pistol to gun runner
By Steve Butcher
The Age
March 6, 2007

Underworld lawyer faces charges
By Rachel Rollo
National Nine News
March 5, 2007

Gangland informer loses protection
By Mark Buttler
Herald Sun
January 23, 2007

Graffiti reveals informer's name
By Stephen Moynihan
The Age
February 12, 2005

DPP drops plot charges against lawyer
By Steve Butcher
The Age
August 23, 2005

Melbourne gangland informer paid by police
ABC Radio
Reporter: Alison Caldwell
February 8 , 2006

Informer faces being cast adrift
By Gary Hughes
The Australian
December 6, 2006

166 - The Supergrass

The informer, who can be identified only as "166" was promised new identities for himself and his partner, indemnity from prosecution, relocation overseas and financial compensation for having to sell his home and close his business in a deal negotiated by Deputy Commissioner Simon Overland.

Police and 166 negotiated a memorandum of understanding in 2004.

The package being provided to 166 is said to have totalled $1 million.

But sources have told The Australian that virtually none of the promises, apart from indemnity from prosecution on earlier charges, have been provided.

166 and his partner were still living in temporary accommodation under their own identities.

Before becoming an informer, 166 was facing his own serious charges.

He was a known drug dealer, extortionist and gun runner.

As part of the deal with the ACC, those charges would be dropped and the sum of money paid by the Victoria Police.

166 also helped expose police corruption.

166's real identity is widely known among slain Melbourne gangland figure Mario Condello's former criminal associates.

166 was a key informer in the prosecution case against Condello (left) and former solicitor George Defteros.

Both men were charged with conspiracy and incitement to murder drug dealer Carl Williams, his father, George, and a third man.

Posing as a hitman, witness 166 wore a recording device during a meeting with Mario Condello in June 2004.

It was alleged Condello offered the informer $450,000 to kill the three underworld figures.

During their meeting, it was claimed Condello and 166 discussed Williams' movements, a proposed getaway route, disguises, and how to get a false passport.

At the time the informer was working for the Australian Crime Commission.

On February 12, 2005, Stephen Moynihan of The Age reported that a graffiti attack had exposed what was previously the secret identity of 166.

His name and status as an informer were disclosed in the attack.

166 had been giving evidence from a secret location via a video-link in a committal hearing at Melbourne Magistrates Court.

After he learned of the attack, 166 said he could no longer give evidence and was in fear of his safety.

He asked for the hearing to be closed to the public.

"I don't want to go on without it," he said.

"We have to relocate. I don't want to have to relocate again."

Prosecutor Ray Elston, SC, asked Deputy Chief Magistrate Jelena Popovic to close the court and restrict access to the public and media.

The Age and other media organisations successfully fought Mr Elston's application.

Ms Popovic ruled that the hearing would remain open.

She said there was an overriding principle that proceedings be heard in open court.

However, she said the giving of evidence by informers was fraught with danger, particularly after the execution-style killing of informer Terence Hodson and his wife, Christine, at their Kew in May 2004.

In evidence on February 11, 2005, 166 said he met George Defteros the previous March and discussed arrangements for the murders.

But the court heard that in the next month Defteros represented 166 during an Australian Crime Commission hearing.

"So you were deceiving your own solicitor and informing against him?" said Tony Howard, QC, for Condello.

"Yes," 166 replied.

Lawyers for both accused men submitted 166 was a liar who invented allegations for his own purposes.

In April 2005, 166 and his partner entered the witness protection program.

They were later expelled after warnings about their behaviour.

On August 23, 2005, the charges against George Defteros were abandoned.

Victoria's Director of Public Prosecutions Paul Coghlan, QC, entered a nolle prosequi in the Supreme Court on charges against Mr Defteros.

Mr Coghlan's office said in a statement he made the decision after examining the case and getting advice from chief Crown prosecutor Jeremy Rapke, QC, and trial prosecutor Ray Elston, SC.

The statement said: "That conclusion had been reached after a detailed analysis of what is required to prove the offences."

The charges against Condello were to proceed but he was gunned down on arriving at his Brighton home on February 6, 2006, on the eve of his trial in which 166 was to testify, 

On December 6, 2006, The Australian reported that Victorian police were trying to force 166 out of witness protection, despite fears he could still be a target for a revenge underworld hit.

The attempt to involuntarily terminate his place in the witness protection program would leave 166 without the new identity and relocation.

The informer was first told by Victoria Police in June 2006 that around-the-clock protection for him and his partner would be terminated.

It is understood police claimed that the murder of Condello meant the informer and his partner were no longer at risk.

Under witness protection laws, 166 could appeal to Police Chief Commissioner Christine Nixon.

If Ms Nixon refused to intervene, the informer had three days to appeal the decision to Victoria's Director of Police Integrity.

The Australian understood 166 had told police that as an informer he was still a potential target for a revenge "hit" by Condello's criminal associates, who saw his co-operation with police as an unforgivable betrayal of the mafia's code of silence.

In 2006 the Herald Sun revealed that 166 had been investigated over allegations he was the hitman in an unsolved murder

The murder allegation, made by his brother, was that 166 had shot dead vegetable merchant Alfonso Muratore in 1992 outside his Hampton home.

166 gave police an alibi.

On January 22, 2007, the Herald Sun reported that 166 had been forced out of protection.

The murder of Condello left 166 no one to give evidence against.

Victoria Police Chief Commissioner Christine Nixon rejected an appeal by 166 against the decision to remove him from the program.

He was kicked out because he was no longer considered at risk and his behaviour while under protection had been considered unacceptable.

The final hope for 166 had been an appeal to the Office of Police Integrity, but director George Brouwer knocked that back.

It meant the 24-hour police protection afforded to 166, who maintained he was still under threat, would be removed.

It was believed he would be allowed to keep the new identity and related documents he was given when he signed up.

He would also be given assistance to move.

On March 5, 2007, gangland lawyer Zarah Garde-Wilson appeared in the Melbourne Magistrates Court to defend a charge of possessing an unregistered pistol and four charges of lying at a hearing before the Australian Crime Commission in June 2004.

Ms Garde-Wilson contested the five charges.

Ms Garde-Wilson's former clients have included underworld figures Carl Williams and Tony Mokbel, the missing millionaire drug boss implicated as the money man for a number of contract killings.

Garde-Wilson's case centred on the evidence of 166.

Giving evidence via video link, 166 alleged he passed a gun, a .25 Mauser pistol which he said was given to him by George Defteros in April 2004, to Ms Garde-Wilson's boyfriend Lewis Caine, a convicted killer.

166, who confirmed he smuggled guns from interstate, gave a submachine-gun to a friend of Carl Williams and could supply weapons to the underworld, told defence barrister Stephen Shirrefs, SC, that Caine may have asked if 166 could get him a gun.

166 said Caine wanted him to do a series of armed robberies but he declined.

Caine was executed a month later in Melbourne's gangland war.

A senior case manager with the ACC, who was 166's "handler", said the informer was fitted with a recording device and asked to recover the firearm from Garde-Wilson after he learned she had it.

Questioned by Mr Shirrefs, 166 said the manager assured him that Garde-Wilson would not be charged as part of the "terms and conditions" of retrieving the gun.

166 said he agreed to meet her to collect the gun only on the understanding she would not be charged over it.

He claimed he was blackmailed by police from Purana, and when asked if his handler allowed him to carry a weapon to meetings that he recorded he said: "They would have done anything at the time for me to do what I was doing.

"They were very dangerous times."

Asked by Mr Shirrefs why he allegedly accepted money from Condello to buy weapons, 166 replied: "You do it, or you're the enemy."

166 also testified he:

FELT he was blackmailed into making a deal with police.

ALWAYS carried a gun when meeting Condello as part of his ACC informer work and authorities knew he was armed.

On March 6, 2007, Zarah Garde-Wilson was sent to trial.

Ms Garde-Wilson, 29, pleaded not guilty to a charge of possessing an unregistered .25 Mauser pistol and to four counts of giving false evidence to the Australian Crime Commission (ACC).

Melbourne Magistrates' Court heard 166 gave Caine the gun to look after and in early 2004 Ms Garde-Wilson mentioned that she still had it after Caine's murder.

166 said he had earlier given the .25 Mauser pistol to Caine for safe keeping.

Witness 166 told the court he was concerned about Garde-Wilson's safety following the murder of her boyfriend and offered her a gun.

"She was in a lot of danger at the time, unbeknown to her," he said.

He said he repeatedly tried to offer her weapons for protection but she declined.

In a statement he made to police tendered to the court, 166 said that "Zarah told me she still has the 25mm Mauser pistol that I had given to Lewis. That was the first time I heard this gun was still around...she asked if she could hang onto it for a while."

The court heard Ms Garde-Wilson later told him she didn't want it anymore and they arranged for her to return it.

Garde-Wilson approached witness 166 and told him she had something belonging to him and wanted to give it back, witness 166 told the court.

The incident allegedly occurred at prominent lawyer George Defteros' law firm where she was an employee and he was a client.

The gun was handed back to 166 outside a city hotel in June 2004 shortly after Caine's death.

The court previously heard witness 166, who had a passion for guns, was a long-time gun runner who became an informer after he was apprehended by police in Adelaide in possession of a cache of weapons.

Magistrate Duncan Reynolds found there was enough evidence to send her for trial.

Ms Garde-Wilson was granted bail but was told to hand in her passport.

On June 28, 2007, 166 and his partner won the right to another hearing after being expelled from the state's witness protection program.

The couple successfully applied in the Court of Appeal to have Police Integrity commissioner George Brouwer re-hear their case.

They will remain under 24-hour protection for at least 17 days after the appeal court granted a two-week stay on the decision.

After that fortnight expires, Mr Brouwer has 72 hours in which to hear and decide the case.

166 will also be eligible with his partner for police escorts three times a week while they attend to domestic duties.

The Court of Appeal ordered a re-hearing after finding Mr Brouwer made a jurisdictional error in determining the appeal.

"But the director is scarcely to be criticised on that account," the three appeal court judges said.

"The risk of error was always going to be high once Parliament made provision for an appeal in novel circumstances without stating expressly what kind of appeal it had in mind."

The court's president, Justice Chris Maxwell, and Justices Marcia Neave and Robert Redlich upheld the appeal.

They adjourned an argument about legal costs.

On September 20, 2007, a court was told that Mario Condello bought an arsenal of guns from a sex shop owner during the height of Melbourne's underworld war.

Adelaide porn king Bill Nash's plea hearing took place in the Adelaide District Court after Nash earlier pleaded guilty to several weapons charges.

Nash was introduced to a Condello gang member by former Melbourne gun dealer George Joseph.

Joseph was convicted in 1984 of conspiring to kill anti-drug campaigner Donald Mackay, whose death was ordered by the Calabrian mafia.

Mr Mackay was executed in Griffith, New South Wales in 1977.

Joseph provided the weapon used to shoot Mr Mackay and was jailed for seven years.

Documents before the District Court in Adelaide reveal Joseph introduced Nash to the Condello gang member about five years ago.

That gang member bought guns for Condello from Nash.

The Condello gang member later became informer 166.

Nash, 62, has admitted providing the weapons and is awaiting sentencing in Adelaide.

The Herald Sun reported it had seen the contents of secretly taped conversations placed before the court, in which Condello organised to buy dozens of guns and silencers from Nash.

Condello's purchases included an Uzi 9mm sub-machinegun, a Colt .357 Magnum, a Bentley 12 gauge pump-action shotgun, several semi-automatic pistols and ammunition for them.

There were several gangland murders in the nine months after Condello took delivery of the first batch of firearms in March 2003.

The Herald Sun overturned a suppression order in Adelaide's District Court which had prohibited identifying Condello's role in the gun smuggling.

It did so during Nash's plea hearing.

The lifting of the suppression order has enabled the Herald Sun to reveal details of Condello's frantic gun-buying spree.

Nash owns two of South Australia's biggest sex shops, has been a judge in the Miss Nude Australia competition for several years and used to operate brothels.

166 told the ACC he bought 15 guns from Nash for Condello and later arranged for an undercover ACC agent to buy nine more.

Many of the guns bought by Condello were seized by police before delivery, but what hasn't been revealed until today is that at least one shipment of powerful weapons got through to Condello.

166 told the ACC in a statement tendered in court that Condello asked him to buy guns for him urgently in March and October 2003.

"He told me he wanted me to get as many revolvers that he could get," 166's statement to the ACC said. "He was desperate and agitated and he made me promise that I would get these guns for him."

Melbourne's underworld war was at its bloodiest at the time Condello began arming himself.

There were several shootings in the months before March 2003, which police believe prompted Condello's gun-buying spree.

Some of those murdered before and after Condello tooled up were members of, or associated with, Condello's Carlton Crew -- or were rivals. And some who did the killings had Carlton Crew connections.

Nash's plea hearing was adjourned to October 11.

On September 27, 2007, 166 and his partner were reinstated to the witness protection program after winning an appeal to the Office of Police Integrity.

The decision by OPI director George Brouwer is the eighth ruling by authorities in 15 months regarding the couple.

In a statement, Mr Brouwer said he upheld the couple's appeal against the original decision to terminate them from the program.

"I have been guided by the more recent decisions of the Supreme Court. I have also taken account of additional information which has come to light as part of the appeal process," he said.

Legal sources could not confirm whether 24-hour protection and police escorts three times a week during domestic duties would be returned to the couple.

Earlier this year, the Court of Appeal returned the case to Mr Brouwer for his second assessment, and restored round-the-clock protection pending his second decision.

The process is complicated by a legal requirement that the OPI determine an appeal within 72 hours of receiving it; all relevant evidence must be considered.

In June, the Court of Appeal granted a seven-day delay on its decision, so Mr Brouwer could read it without using part of the 72-hour allowance.

The appeal court said Ms Nixon had provided a number of primary materials to Mr Brouwer after deciding to terminate the couple from the program.

The material included threat assessments, diary notes by officers protecting 166 and his partner, and press clippings indicating 166 had provided certain information to the media about his involvement with the program.

Victoria Police had no comment to make about the case, a spokeswoman said.

On September 27, 2007, it was reported that drug boss Carl Williams was to be assassinated in Lonsdale St with an Uzi sub-machinegun fired from a speeding motorbike. (Audio Surveillance tape Audio Would-be killers)

Secret Victoria Police surveillance tapes obtained by the Herald Sun revealed extraordinary new details of a foiled execution plot hatched by rival underworld kingpin Mario Condello, who was himself later shot and killed.

Condello was secretly recorded by the would-be hitman, who was actually a paid police informer.

In a series of CBD meetings in May 2004, Condello is heard offering $300,000 for the murder of Williams, Williams' father, George, and a bodyguard.

"You'll have the f---in' money to cover you, 150 a f---in' head. Do ya understand?" he tells the hitman.

"We don't want to go around hurting innocent f---in' people . . . but some of these blokes from the western districts or western suburbs . . . they just want to take action . . . you don't f--- 'em around.

"Until they're f---in' gone, mate, there's always going to be trouble."

In one meeting at the Myer city store cafeteria, Condello urges the hitman to use a disguise while carrying out surveillance on the Marriott Hotel in Lonsdale St -- a favourite haunt of Williams and his crew.

The following day, in the David Jones basement-level food court, the hitman boasts about walking undetected through the city streets with an arsenal of weapons. "I was standing in Spencer St with more f---in' guns than the f---in' army," he tells Condello.

He explains how he will use an Uzi sub-machinegun to kill Williams while on the back of an accomplice's motorbike.

"I'll f---in' do it. I will f----in' do it . . . f---in' Uzi. I got (name deleted) on the bike. I'll do it so don't doubt me. He (Williams) is gone. He's as good as f---ing gone."

The tape recordings were used by Purana Taskforce detectives to charge Condello with conspiracy and incitement to murder.

But the trial never went ahead after Condello was shot in the garage of his Brighton home in February 2006. His killer has not been caught.

The wire taps also shed new light on the character of 166, who remained under police protection.

166 was controversially granted immunity in exchange for testifying against Condello.

The deal was struck after he was arrested at an Adelaide train station with a cache of illegal weapons including five semi-automatic pistols, a .38 revolver, a shotgun and a 9mm Uzi with silencer.

Police had originally offered 166 and his partner a $1 million protection package, including relocation overseas.

The offer was withdrawn after 166 was accused of unacceptable behaviour in the protection program. He is appealing against the decision in the courts at taxpayers' expense.

The failed attempt to use 166 as a star underworld witness has come as a severe embarrassment to police.

The tapes also give an insight into Condello's thoughts on the reasons behind the underworld war.

In one exchange, he appears to blame the Moran family.

"It was all about, ah . . . f---in', ah . . . to let us know that we'd, ah, f---in', that started with that f---in' Moran," Condello says.

Lawyers have since claimed Condello never intended to go ahead with the murders and was simply carrying out a charade to obtain information about his rivals.

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