Nine pushes to screen Underbelly
(Herald Sun)
February 29, 2008

The Nine Network claims a judge was wrong to stop TV crime series Underbelly from showing in Victoria, appealing to show at least two episodes.

Nine Network lawyer Ron Merkel, QC, told the Victorian Court of Appeal today the broadcaster should have been allowed to show at least the first two episodes of the series, which is based on Melbourne's gangland war.

Nine is appealing against a suppression order placed on the series by Supreme Court Justice Betty King on February 15, which bans the transmission, publication, broadcast and exhibition of Underbelly in Victoria.

Justice King made the order because of concerns by the Director of Public Prosecutions that the series would prejudice an upcoming murder trial.

Mr Merkel told the court Justice King erred in her decision to place a blanket ban on the screening of the entire Underbelly series in Victoria.

He argued that her decision was based on viewing only two edited episodes of the series and another 10 unedited episodes.

"(It was) an erroneous idea by putting a blanket ban," Mr Merkel told the court.

"What was being looked at was unedited versions, not what was going to be screened.

"What her honour was looking at was not the final broadcast." 

Mr Merkel said the Nine Network should have been able to at least screen the first two episodes of Underbelly.

"What possible way could episodes one and two impede on a fair trial?" he said.

"The first two episodes were about events 10 years ago.

"Channel Nine should be able to publish any part of the series that does not have the potential to prejudice any part of the trial."

The appeal is continuing before Chief Justice Marilyn Warren and Justices Frank Vincent and Murray Kellam.

Underbelly may aid Mokbel
(Herald Sun)
February 26, 2008
Tony Mokbel's Greek lawyers are expected to argue next week that the controversy surrounding Channel 9's Underbelly drama is further evidence the convicted drug trafficker will be unable to get a fair trial in Melbourne.

But with at least three gangland murder trials yet to run, the Underbelly series may not be broadcast in Victoria until mid-2009.

Mokbel, facing two underworld murder charges, may be back in Australia within a month if his March 4 appeal against extradition from Greece fails.

If extradited, Mokbel will face a committal hearing and possibly two trials that will not be heard for at least a year.

The current Victorian suppression order imposed by Justice Betty King against the airing of Underbelly in Victoria relates to one trial only, which is expected to be concluded by the end of April.

But prosecutors and lawyers, including those involved in the Mokbel murder case, will consider seeking extended injunctions against the TV show until all gangland prosecutions are concluded.

A third gangland trial is not scheduled to begin until the second half of this year.

Director of Public Prosecutions Jeremy Rapke, QC, declined to comment on whether he would seek further injunctions against Underbelly but has indicated his opposition to the series adversely affecting a trial that begins on March 31.

Mirko Bagaric, Mokbel's lawyer who represented him in the original Greek extradition hearing, said appeal lawyers could use Underbelly's pending broadcast to bolster arguments he could not get a fair trial in Victoria.

Doomed Mokbel prepared to  'sing like a canary'
(The Age)
February 25, 2008

Australia's most wanted man, convicted drug trafficker Tony Mokbel, is facing the decision of his life, as his protracted legal fight to avoid extradition appears set to fail within days.

Mokbel knows he faces a life sentence with no minimum if he is found guilty of the murder and drug charges he faces in Victoria and that his only way out is to try to cut a deal with senior prosecutors.

A source close to the Mokbel family said the alleged head of Australia's biggest drug cartel was prepared to "sing like a canary" when he returns to Victoria.

His final appeal against his court-ordered extradition is set to be heard in Athens next week, but it is believed he is resigned to losing.

Several police who have pursued the prodigious drug trafficker for years are confident he does not want to face a series of unrelenting and financially draining trials.

Mokbel has already informally confessed to police his drug-dealing activities while continuing to declare his innocence to murder charges.

Investigators claim that if Mokbel agrees to become Australia's highest-profile supergrass he could provide evidence of:

■Detectives providing tip-offs over investigations and supplying wholesale precursor drug chemicals to crime groups.

■Corrupt local government officials approving permits for drug-funded Mokbel property developments.

■Finance officers accepting bribes to rubber-stamp massive loans on the basis of drug-inflated financial figures.

■Businessmen fronting Mokbel-controlled companies in return for secret commissions.

■Racing identities, including jockeys, bookies and officials, co-operating with Mokbel even after he was banned from owning horses and later warned off race tracks.

One former detective serving a sentence for drug trafficking in a country jail "turned grey and didn't eat for three days" after he learnt of Mokbel's arrest in June, a fellow inmate said.

A senior lawyer said the only bargaining chip Mokbel had left was to provide detailed statements against police, racing identities and government officials he had bribed over 20 years.

Mokbel is listed to reappear in an Athens court in eight days for his final appeal against an extradition order.

He has already said he wants to talk to the Office of Police Integrity when he is forced to return to Melbourne.

OPI deputy director Graham Ashton said his investigators intended to question Mokbel about his alleged police links.

Police say Mokbel is likely to return as early as June after he has completed a 12-month sentence for false document offences, imposed by an Athens court. Greek authorities could waive the final three months and order his immediate extradition.

Mokbel jumped bail while he was on trial for drug trafficking in March 2006. He was sentenced to a minimum of nine years' jail in his absence.

Australian authorities are seeking his extradition over two murders and a fresh set of drug trafficking charges relating to six separate clandestine laboratories. Police allege he continued to run his drug cartel while on the run overseas.

While in custody Mokbel used a mobile phone to contact a senior Purana investigator with a message — "I may be a drug trafficker but I'm no murderer".

He warned the investigator that if he was pursued he would "drop a bombshell" on police corruption.

Racing sources say some high-profile figures are becoming increasingly nervous about an Australian Crime Commission investigation into Mokbel's continued links to the industry, including using front men to conceal his large bets and continued racehorse ownership.

Mokbel's massive financial network has already been squeezed, with police seizing a total of $51 million in assets. With key members of his syndicate facing charges and his cash flow slowed, police believe he is now at his most vulnerable.

At least one trusted insider has turned against him and several protected witnesses are prepared to testify for the prosecution.

Legal sources say Mokbel, 42, may try to broker a deal where he pleads guilty to further drug trafficking charges if he is not pursued over the two murder offences.

This would mean he would likely be sentenced to a jail term of about 25 years rather than life with no chance of release.

Mokbel has a history of attempting to organise backroom deals and has a conviction for plotting to try to bribe a judge.

He once secretly approached gangland investigators and said he would instruct several drug dealers, including gangland killer Carl Williams, to plead guilty if there was a guarantee they would serve short jail stints. He then declared he would stop the underworld war "and there would be no more blood on the streets" if police stopped pursuing his syndicate.

Police and prosecutors say any proposed deal with Mokbel would be considered only if he was prepared to give evidence as a prosecution witness in future corruption trials.

Failed kill plot 'caper'
(Herald Sun)
February 22, 2008

A failed plot to murder gangland identity Mario Condello in a Brighton street was a comedy caper and impossible to carry out, a court has heard.

The Supreme Court was told Carl Williams' hitman, Sean Jason Sonnet, was under surveillance by up to 30 police as he walked down North Rd, Brighton, with a loaded, cocked gun.

Defence barrister John Desmond told the court that taped telephone intercepts between Sonnet and his choice of getaway driver, Michael Thorneycroft, had "all the hallmark of jocularity" and "comedy capers".

Mr Desmond said the conspiracy was impossible to perform as Condello was not in Brighton at the time, and police were watching Sonnet's every move.

"If this was a serious conspiracy to murder . . . one would think there would be more serious efforts," he said.

Special Operations Group police arrested Sonnet near Condello's Brighton mansion on the morning of June 9, 2004.

A jury found Sonnet, 38, guilty of conspiring with Williams and two others to murder Condello, the Carlton Crew "money man".

Mr Desmond said Sonnet was outraged and intended to appeal.

He told a pre-sentence hearing that Sonnet had trained with the Sydney Swans in their under-19 squad, and was regarded as a "potentially very useful footballer" until a car accident at age 18.

Mr Desmond said Sonnet had been serving time alongside Williams at Barwon prison until last week.

The plea hearing, before Justice Betty King, was adjourned until March 19.

Underbelly black market a belly ache
(Herald Sun)
February 22, 2008

Channel 9 is conducting an internal investigation over how copies of the controversial Underbelly drama series have been leaked on to the black market.

The Herald Sun has been told network bosses in Melbourne want to know how episodes of the 13-part series got into the hands of some of the underworld players portrayed in the series and the general public.

The $13 million series was banned from Victorian screens last week until after a Melbourne underworld murder trial is heard.

A Channel 9 source said staff had been questioned over bootleg copies in circulation. A spokeswoman for the station said two people had been questioned and denied making any copies available.

She said only those involved in programming or selling the series were entitled to view episodes and Nine was not fearful of contempt charges.

"No (we're not fearful), but whoever is operating a black market should be. Nine continues to abide by the court order," she said.

Roberta Williams, the former wife of gangland kingpin Carl Williams, said she received nine episodes of the series from a friend.

She received them before the series was aired interstate, and she believed they were not pirates because they were complete with Underbelly promotional labels.

She said she had no intention of passing on the copies. "I don't want anyone to see Underbelly. But people are saying to me they've got copies. It seems like everyone has."

St Kilda cop linked to Morans, Gatto and friends
(The Age)
February 21, 2007

A secret anti-corruption taskforce examining links between police, criminals and sex workers has raided the Australian Croatian Association as part of inquiries into its president, a long-serving police officer, Tony Juric.

Officers from a joint Victoria Police and Office of Police Integrity taskforce raided the club premises in Footscray last Friday, seizing documents and financial records.

The raids were the first overt move of a long-running investigation into several police with suspected improper associations, including some who have served at inner-city stations.

It is the latest in a string of corruption inquiries to hit the force, from investigations into the former drug squad in 2002-04, two continuing taskforces into police links to underworld murders, and the recent OPI public hearings into the police union chief, Paul Mullett, and a former top officer, Noel Ashby.

Mr Juric, who has been president of the Croatian Social Club since 1995, was suspended from his role as uniform sergeant at the St Kilda police station in October.

He was charged recently over an unrelated matter involving an alleged attempt to cover up a traffic accident involving a police vehicle.

Mr Juric's links with figures tied to the crime world have caused concern among law enforcement officers.

But supporters of Sergeant Juric say he strongly denies any wrongdoing.

They say and is a popular policeman whose wide network stems from his role as an ethnic community leader, former police union delegate and a former detective in the armed offenders squad.

One of Mr Juric's closest friends is Tony Ilija Crnac, a building union official who was sentenced to three years in prison for his role in 2001 in a $147 million hashish importation, allegedly tied to the Moran crime family. In a move approved by his superior officers, Sergeant Juric gave character testimony for Mr Crnac during his County Court trial.

Mr Crnac, who was released from prison last year, is an active member of the Croatian Club.

Mr Juric also gave character testimony for a former police officer, Mario Siketa, who was sentenced to one year in prison in September 2006 for receiving $280,000 in secret commissions while working as a private security consultant at the Melbourne Grand Prix.

It is believed Mr Juric's support in court of Mr Siketa was also approved by senior police.

In a speech at a Croatian community function in 2006, Sergeant Juric thanked the gangland identity and crane company owner Mick Gatto, along with 19 other building industry figures, for providing free materials, labour and equipment to renovate the Croatian association headquarters.

A June 2006 report from The Croatian Herald quoted Sergeant Juric as saying that Mr Gatto's company was among several whose "work, material and/or financial donations or otherwise, enabled this great project to come to this stage".

He also thanked Mr Gatto's business partner in the crane company, Matt Tomas, who is a long-time friend of Mr Juric, and also plays a prominent role in the Croatian community as chairman of the Melbourne Knights Football Club, of which Sergeant Juric is a former board member.

Mr Gatto was cleared of the murder of an underworld hitman in June 2005.

The police facing charges along with Mr Juric in relation to unrelated allegations of covering up a car crash are Senior Constable Belinda Rampal and probationary Constable Alan Black.

The crash was witnessed by sex workers.

Mullett says he'll walk from job
(Herald Sun)
February 15, 2008

Embattled police union strongman Paul Mullett will quit his job next year. Sen-Sgt Mullett will walk away from his high-profile job as Police Association secretary when his contract expires in March 2009.

Sen-Sgt Mullett, who has been suspended from the force over corruption allegations, broke his silence yesterday to claim he had been the victim of "a hatchet job".

He accused the Office of Police Integrity and Chief Commissioner Christine Nixon of double standards and hypocrisy.

Sen-Sgt Mullett told the Herald Sun he was confident he would be cleared of corruption allegations.

But it was time for a change at the helm of the union.

Sen-Sgt Mullett's departure date would be one month before the expiry of Ms Nixon's second term.

He said criminal charges being considered against him were not sustainable on the evidence presented by the OPI.

"Not at all. Nowhere near," Sen-Sgt Mullett said.

"The only thing I'm guilty of is robustly, vigorously and passionately representing my members -- and I will plead guilty to that."

Sen-Sgt Mullett said he:

REJECTED an OPI report's claim that he was part of a plot to have former assistant commissioner Noel Ashby installed as a "puppet chief commissioner" as fanciful.

HAD not spoken to Mr Ashby since well before the OPI public hearings which featured secretly-recorded telephone conversations between them.

DENIED the OPI's suggestion he tipped off a policeman and association delegate that his phone was being monitored because he was the target of a murder investigation.

THOUGHT it was ironic and "a clear case of deja vu" that Ms Nixon had been suspected of disloyalty and leaking information when she was an assistant commissioner in NSW.

Sen-Sgt Mullett said he had been the target of a four-year campaign by her to achieve a compliant union executive.

But he insisted his frequent clashes with Ms Nixon were "nothing personal".

And the OPI report was "full of ifs, buts and maybes".

Sen-Sgt Mullett said it was impossible for him to install a puppet police chief.

"It's a quantum leap. It couldn't happen. Chief commissioners are appointed by the government, not by the Police Association," he said.

Sen-Sgt Mullett said there was no evidence to back the claim and it hadn't been put to him in the OPI public hearings.

"It's ludicrous and ironic, because for the last four years the Chief Commissioner has been behaving in exactly that way herself in trying to put in place puppet Police Association representatives who will perform her bidding in any reform processes she wants to implement," he said.

Ms Nixon declined to respond to any of Sen-Sgt Mullett's claims or criticisms.

An OPI spokesman said the report to Parliament spoke for itself and it would be inappropriate to comment.

Sen-Sgt Mullett is one of only two members of the Victoria Police to have twice won the Valour Award, the force's highest decoration for bravery.

He will have been a member of the force for 35 years by his planned retirement date, and an executive member or full-time officer of the Police Association for 20 years.

Reportedly one of Australia's highest-paid union officials, Sen-Sgt Mullett has been assistant secretary then secretary of the union for almost 15 years, while on secondment from the force.

"That's probably long enough, and it would probably be timely for a new person with new ideas and a new direction for the association to take the helm at that stage," he said.

"That's always been my plan, irrespective of these recent hearings, and nothing more should be read into it.

"I had advised key people in the association well before the hearings of my plan to leave the job."

Underbelly episode to be posted on net despite court ban on broadcast
(Sources incl H/Sun)
February 13, 2008

It has been widely accepted that with modern day DVD recorders making it easy for people to upload TV shows to the net, the first episode of the much anticipated Underbelly series will be available to watch online at some stage this evening or early tomorrow at sites such as mininova.org. This highly illegal practice of piracy will serve as some solace to those Victorians keen on watching the dramatisation of Melbourne's gangland war after its screening in the state was banned by the Supreme Court.

Channel 9 and an estimated one million Victorians viewers have been thrown into turmoil by a Supreme Court judge's decision to ban Underbelly.

Nine plans to challenge the suppression order on the $13 million series, but the ban threatens to deal the beleaguered network a savage financial blow.

TV sources said Nine had spent in the vicinity of $500,000 in marketing the show and millions of dollars in advertising revenue were in jeopardy.

Judge Betty King banned Underbelly from screening in Victoria until after an impending trial. Under the order, all internet material relating to the series is also banned.

Justice King ruled that justice was more important than a TV network's profits.

"There is no doubt the public would like to see this program but that can't be the priority," she said.

The suppression order will not stop the series from screening in other states from tonight as scheduled.

Nine have decided to replace tonight's banned screening of Underbelly in Victoria with the Oscar winning prison film, The Shawshank Redemption, starring Morgan Freeman and Tim Robbins.

The network has not decided on a  replacement series for Underbelly in Victoria. If an appeal by Nine is unsuccessful, Underbelly is unlikely to screen in Victoria before May.

Justice King, who watched 12 of the 13 episodes, said it depicted details relevant to the case, making it impossible for the accused murderer to get a fair trial.

The judge said it would be difficult for potential jurors to erase the "graphic and compelling" show from their minds.

Justice King told the court, sitting at Geelong, that the program would give potential jurors a part-fact, part-fiction background to the trial.

"The conversations are not necessarily based upon fact, some are . . . others are of course the figment of the writer's imagination, however, that may not be at all clear to the viewing public," Justice King said.

"This is not the reporting of an event, this is a television series made for entertainment.

"In my view it is more important that the criminal justice system works than this channel make a profit."

Justice King said the series could also affect the future trials of convicted drug baron Tony Mokbel.

Mokbel's solicitor, Mirko Bagaric, said Nine was reckless for trying to screen a show about unfinished criminal cases.

"If the series is aired in Victoria, then certainly the manner in which Mokbel is depicted could be grounds to argue that he could no longer get a fair trial in Victoria," Mr Bagaric said.

And a lawyer for Carl Williams, serving a minimum 35 years for three gangland murders, said his appeal might be prejudiced if the series aired on Victorian screens.

The Underbelly suppression order has derailed, in the short term, Nine's bold campaign to win back lost viewers, pride and revenue.

Nine last year lost the overall ratings to Channel 7 for the first time in almost 30 years, and had now slumped to third position in advertising revenue.

Mitchells Communication Group executive chairman Harold Mitchell said yesterday the ban would cut deeply.

"There is a financial burden in that they were selling it at their highest price of about $40,000 for a 30-second (ad) and any replacement program wouldn't be the same value, so they'd be looking at compensation," Mr Mitchell said.

"Over the period of the campaign they would have expected to get around $3 million and $4 million in revenue, and that now is in jeopardy."

Nine's marketing losses could be huge. Billboard advertising costs up to $100,000 each. A tram emblazoned with Underbelly advertising is valued at about $60,000.

Judge bans Underbelly
(Herald Sun)
February 12, 2007

Channel 9 is appealing a decision to ban crime drama Underbelly from airing in Victoria until after the trial of a man accused of murdering a gangland figure.

Supreme Court Justice Betty King issued the extraordinary suppression order today after the Office of Public Prosecutions applied for broadcast to be delayed on the grounds of prejudice.

Channel 9 lawyers are in the process of lodging papers in the Court of Appeal and are applying for an urgent hearing.

The $13 million series was due to premiere on Channel 9 tomorrow night but has been put off in Victoria indefinitely.

The Nine Network has also been ordered to pull Underbelly character profiles from its website, and has been banned from placing any episodes on the internet in Victoria.

The show is now not expected to be aired in Victoria before May.

"In my view it is more important that the criminal justice system works than this channel make a profit,''  Justice King said.

Nine handed over DVDs of the 13 episodes yesterday after being subpoenaed by the Office of Public Prosecutions last week, when doubts were raised over whether an accused Victorian gangland murderer, who cannot be named, would get a fair hearing.

Justice King, who also viewed the series yesterday, today said the conversations in the drama would largely be "a figment of someone's imagination".

"It will be difficult for the viewing public to sift through what is factual material and what is fictional," she said.

"The series explains to a large degree why the person was murdered.

"That is really what is the subject for the trial."

Yesterday, a judge said an upcoming trial for a man accused of murdering a gangland figure was at risk of being abandoned if the drama series went to air.

The accused man's solicitor applied to the Supreme Court yesterday for the trial to be adjourned for three months on the grounds that the much-hyped program could be prejudicial.

The judge told criminal lawyer Anthony Brand if he elected not to proceed with the trial, he was electing for the show to go ahead.

The judge said the accused could be worse off if the murder trial proceeded after Underbelly had been broadcast.

"What I may be faced with is a permanent stay . . . that the trial could no longer proceed because of this television series," the judge said.

"I do not wish to be the one to stop this program . . . but this is commercial television, it is not the news, it is not about people's right to know, it is about the criminal justice system."

Mr Brand yesterday told the judge he would not give an undertaking not to make a future application for a permanent stay of prosecution.

Prosecutor Geoff Horgan, SC, opposed the application on the grounds Mr Brand would not give the undertaking.

At a court hearing last week, Mr Brand opposed the TV series airing in Victoria, saying his client was ready for the impending trial.

Brendan Murphy, QC, for Nine, said a potential court order could create logistical difficulties for the network.

Underbelly still under threat
(The Age)
February 11, 2008

Channel Nine's Underbelly TV series remains under threat of not airing in Victoria this week after a Supreme Court hearing this morning failed to resolve the legal controversy.

Prosecution and defence lawyers have been given 24 hours to view the 13-part series and return to court tomorrow to tell a judge if the series has the potential to affect a forthcoming murder trial.

Lawyers acting for the network today handed over DVD copies of Underbelly after a subpoena was issued on Friday against the station's general manager.

When the hearing resumed before Justice Betty King, the accused murderer's solicitor, Anthony Brand, applied to adjourn the trial for three months. The accused murderer cannot be named.

Mr Brand, who last week vigorously opposed any suggestion of an adjournment, said the material in Underbelly and in a recent republished book, prejudiced his client's position.

Justice King told Mr Brand that his application meant he would choose not to view the series, yet the trial would proceed at a later date.

After a short adjournment, Mr Brand resubmitted his adjournment application and told Justice King he could not give her an undertaking that when the trial was relisted he would not apply for a permanent stay of the prosecution against his client on the grounds of possible prejudicial material in Underbelly.

While the Director of Public Prosecutions, Jeremy Rapke, QC, was prepared to agree to an adjournment, senior prosecutor Geoffrey Horgan, SC, said that concession would be withdrawn unless Mr Brand agreed not to make a permanent stay application.

Mr Brand refused to give that undertaking.

After Brendan Murphy, QC, for Nine, produced the 13 DVD episodes of Underbelly, Justice King - who said she would try to view some herself - ordered the parties to reappear at 9am tomorrow.

Channel Nine had hoped that Underbelly, a graphic TV dramatisation of Melbourne's underworld war, would resurrect its ratings slump.

The blockbuster series was due to premiere on Wednesday.

Mokbel's drug turf target of new mob
By John Silvester
The Age
February 11, 2008

A police taskforce is investigating an emerging organised crime group intent on exploiting the void left by the destruction of the Tony Mokbel drug cartel.

The taskforce, code-named Lased, has unearthed evidence linking the syndicate to drug trafficking, abductions, shootings, intimidating witnesses, bribery and attempted murder.

Taskforce investigators from the crime department and Broadmeadows say the members of the Lebanese crime cell have studied law enforcement methods, have expertise in money laundering, attempt to bribe officials and regularly try to intimidate police.

"They are absolutely out of control," one detective said.

Police set up the taskforce after previous investigations into the group failed when frightened witnesses refused to co-operate.

Gang members threatened one local woman and then smashed every window in her house as a warning to remain silent.

The cell — controlled by one crime family — has been linked to attacks in Fawkner, Campbellfield, Thomastown, Broadmeadows, Gladstone Park, Glenroy, Mill Park and Coolaroo in the past two years.

In one case a pedestrian is said to have "looked the wrong way" at one of the team's gunmen, who responded by firing shots in his direction. Police have seized at least seven handguns and a quantity of drugs from the group but say the suspects still have access to firearms.

They have also removed from a wall bullets they believe were shot next to a bound victim in a torture room.

Detectives have also recovered guns and drugs hidden in the walls of a house used by the syndicate.

The Australian Crime Commission and the Purana gangland taskforce have been asked to help establish the scope of the group's criminal activities.

The Tax Office is expected to be asked to investigate the four key family members who control the group and appear to be living beyond their means.

Police say the father is the decision-maker, his two eldest sons are the muscle and the youngest is the brains and anointed successor. They are backed by a group of subordinates, many of whom have convictions for drug trafficking and firearms offences.

Police have already made several arrests but say the cell is still operating. Investigations are continuing. Late last week more drugs were seized and another suspect charged.

Detective Acting Superintendent Phil Swindells of Region Three (Broadmeadows) said: "We hope that a number of witnesses who have been reluctant to come forward previously will co-operate now that we have made some significant arrests. We will be able to provide support for any witnesses who do come forward."

Senior police say several new groups are positioning themselves to take over areas once dominated by gangsters killed or jailed during Melbourne's underworld war.

Detective Superintendent Richard Grant (of the crime strategy group) said last year that police would move on groups trying to fill the void.

"We are in the target development phase of identifying the suspects that we should concentrate on. We will be moving on the next generation and established networks."

Mr Grant said police needed an accurate criminal intelligence bank to anticipate which criminals were likely to become major gangland influences.

Underbelly cinema preview pulled
(The Age)
February 9, 2008

The first local screening of Nine Network's television drama Underbelly has been cancelled on legal advice.

The opening episode of the 13-part dramatisation of Melbourne's underworld war was set to screen last night at a roof-top cinema in St Kilda, but was pulled yesterday by Nine.

The network has been issued with a subpoena by a Supreme Court judge to produce all episodes of the series to lawyers acting in a forthcoming murder trial.

Supreme Court Justice Betty King will weigh Underbelly's potential impact on the trial jury and has demanded the episodes on Monday — just two days before its scheduled premiere at 8.30pm on Wednesday.

Nine hopes the series will boost its flagging fortunes, after the network fell to third place in terms of revenue in the second half of 2007.

The managing director of Australian Open Air Cinemas, Alex Khadra-Bosse, said that before the cancellation, the network had arranged for several stars of the $10.4 million production to attend last night's screening.

A network spokeswoman said the decision was prudent due to court proceedings. However, the show's first episodes have already been widely seen. Journalists, media buyers, police and gangland matriarch Judy Moran are among those who have viewed the series.

Dominator' linked to drug raid
(Herald Sun Exclusive)
February 9, 2008

Football great Wayne Johnston has cut ties with Richmond as he has been allegedly linked to a drug investigation.

It is alleged that damaging images of Johnston, the Tigers' runner, were uncovered after detectives raided a suspected South Melbourne drug dealer late last year.

Officers seized a computer which, when checked, revealed images of Johnston.

The Herald Sun believes the images show Johnston, 50, and lines of a white powder

Johnston's lawyer, George Defteros, told the Herald Sun his client knew nothing of the alleged images.

"He is not aware of any alleged photographs. Nor has he been spoken to by any police," Mr Defteros said.

"If there are any allegations to be made against him then they should be put in the proper manner."

It is believed Johnston and the Tigers agreed to cut ties this week.

Mr Defteros denied the former Carlton champion and four-time premiership player had been sacked.

"He has left the Richmond Football Club on good terms, on his own accord, for business and personal reasons," he said.

Police yesterday refused to confirm Johnston's image had been found, only saying that a computer was seized and a man arrested when drug taskforce officers searched a South Melbourne address.

The suspected dealer is believed to be well-known to police.

A small amount of white powder was seized during the swoop on the York St house.

Charges have not been laid against the target of the South Melbourne raid.

Richmond officials last night confirmed Johnston had left the club after being a runner for the past two seasons.

"Wayne Johnson advised the club some time ago that he would not be returning as a runner for the 2008 season," a club statement said.

"Wayne was previously employed on a part-time basis for approximately three hours a week."

Johnston was a popular figure at Tigerland and enjoyed strong support from the players and coaching staff.

Last week, he admitted to having been at a party at the home of Wayne Carey, which ended with the former Kangaroo great being subdued with capsicum spray by police.

A small amount of a white powder found at Carey's apartment is being analysed by forensic experts to see if it is an illicit drug.

Johnston and his wife, former Stingers actor Kate Kendall, had left the party before Carey's arrest.

Johnston, who starred in Carlton's premiership teams of the 1970s and '80s, was a friend of slain underworld stepbrothers Jason and Mark Moran.

Nicknamed The Dominator, he made headlines after retiring from football by admitting an addiction to the pain-killing drug pethidine.

OPI recommends charges
(Herald Sun)
February 8, 2008

Suspended police union boss Paul Mullett (right) could face charges with penalties of up to 40 years' jail after the release of a corruption watchdog report.

The Office of Police Integrity report  has recommended criminal charges against Sen-Sgt Mullett, disgraced former assistant commissioner Noel Ashby and former Victoria Police media director Stephen Linnell.

The report, tabled in State Parliament today, says Sen-Sgt Mullett should be charged with perjury, attempting to pervert the course of justice and making a false statement.

Charges of making a false or misleading statement and perjury have been recommended against Mr Ashby and Mr Linnell.

Attempting to pervert the course of justice is a level 2 imprisonment offence in in Victoria carrying a 25-year maximum and perjury a level 4 offence carrying a 15-year maximum.

The explosive recommendations follow an OPI public inquiry last November that heard secret telephone intercepts alleging Mr Linnell improperly passed information about the investigation into an underworld murder in 2002, in which a crime squad detective was a suspect.

It was alleged at the hearings Mr Linnell passed the information on to Mr Ashby, who in turn told Sen-Sgt Mullett, who then told Police Association president Brian Rix.

The target of the investigation was eventually informed, it was alleged.

Sen-Sgt Mullett was suspended from the force and both Mr Ashby and Mr Linnell resigned their positions as the inquiry unfolded.

According to the OPI report, Mr Ashby and Mr Linnell distributed sensitive information to advance their standing in the police force.

"Both Mr Ashby and Mr Linnell knew the value of information,'' it says.

"The strategic leaking of it gave them both currency with which to advance their personal ambitions.''

The report says the spectacular nosedive of the careers of Mr Ashby and Mr Linnell should serve as a warning for other police.

"The public should take comfort from the fact that aside from those named in this report, no other current Victoria Police employee appears to have been caught up in Mr Ashby's drive for power,'' it says.

"However, the thwarting of Mr Ashby's ambitions and the demise of his and Mr Linnell's careers should serve as a salutary lesson for others who may be tempted to ignore the responsibilities that accompany police office.''

In tabling the report today, the Director of Police Integrity, George Brouwer, said the departures of Mr Linnell and Mr Ashby made it a better organisation.

"Notwithstanding the deeply concerning matters revealed in this investigation, the corrupting influences were contained to a few individuals,'' Mr Brouwer wrote.

"The resignations of Mr Ashby and Mr Linnell, in particular, should have a cleansing effect on Victoria Police command.

"Without their behind-the-scenes manoeuvring, Victoria Police command, led by Chief Commissioner Nixon, is now in a better position to progress its strategic reform agenda.''

The report also recommends Victoria Police Chief Commissioner Christine Nixon take disciplinary action against Police Association president Brian Rix and Insp Glenn Weir, who worked with Mr Linnell in the media department.

Comment was not immediately available from the Police Association, from Mr Ashby's legal team or from Mr Linnell.

Comment was also not immediately available from police command.

Mr Brouwer refused to comment when contacted by Herald Sun Online.

His spokesman, Paul Conroy, said there would be no statement from the OPI office.

"The report speaks for itself," Mr Conroy said.

Mr Linnell's lawyer, barrister Martin Grinberg, later said he was yet to read the report or speak to his client, and could not comment on whether any possible charges would be fought.

OPI probes sex scandal claims
(Herald Sun)
February 7, 2008

The Office of Police Integrity is investigating claims some officers at a suburban station had improper relationships with transvestite prostitutes.

One senior officer is accused of having a sexual relationship with a transvestite prostitute.

The OPI would not comment yesterday on reports it would hold public hearings on activities at the station.

An OPI spokesman said he was not aware of embarrassing and incriminating photos that were publicised yesterday.

The station has already been the subject of accusations of inappropriate use of police vehicles and a cover-up of a road smash.

Walsh St kill suspect fined
(Herald Sun)
February 7, 2008

A man acquitted of the Walsh St police murders has been convicted and fined for leaving the scene of a car accident.

Trevor Pettingill hit a car parked outside Melbourne's St Vincent's Hospital on November 2, 2006, and left without providing his personal details.

Melbourne Magistrates' Court heard Pettingill caused moderate damage to the unoccupied Chrysler on Victoria Pde.

The prosecution told the court Pettingill, 43, of Venus Bay, was interviewed by police in May last year and made full admissions.

Defence lawyer Charlie Nikakis said Pettingill was unable to find a pen and paper to leave his details for the car owner.

He said a nurse approached Pettingill, concerned he had been injured in the accident.

Pettingill had been receiving WorkCover payments for a back injury suffered while working in the asphalt industry, Mr Nikakis said.

He was separated from his wife and three children, the court heard.

Pettingill, with Victor Pierce, Peter McEvoy and Anthony Farrell, was acquitted by a Supreme Court jury of killing constables Steven Tynan and Damian Eyre in Walsh St, South Yarra, in 1988.

He pleaded guilty yesterday to two charges of failing to give his name and address and failing to report an accident to police.

Magistrate Barry Docking fined Pettingill $600 with conviction, and suspended his licence for three months.

Cazabon bailed
(Herald Sun)
February 7, 2008

An alleged member of a drug network linked to the supergrass who helped bring down Tony Mokbel's empire is out on bail.

Julian Robert Cazabon, 37, is accused of being a member of a worldwide cocaine syndicate allegedly run by the supergrass from Amsterdam.

Bail was not opposed for Mr Cazabon, who was arrested and extradited from Canberra last year.

Melbourne magistrate Peter Couzens granted him bail with a $50,000 surety on the conditions that he give up his passport, not associate with co-accused and live in Farrer, in the ACT.

The supergrass -- who fled Australia instead of giving evidence against Mokbel after hearing there was a $1 million bounty on his head -- is behind bars in the Netherlands pending an extradition bid by Australian Federal Police.

Mr Cazabon is to return to court in April.

Legal proceedings to decide Underbelly's future
(Herald Sun)
February 6, 2007

The future of Channel 9's $13 million series Underbelly could be decided by last-minute legal proceedings beginning today.

The Director of Public Prosecutions, Jeremy Rapke, QC, has secured an urgent viewing of the series before he decides whether to seek an injunction stopping its broadcast in Victoria.

A Supreme Court judge called prosecutors and defence lawyers together after serious concerns were raised about whether the show could prejudice a jury for the trial this year of a man who has pleaded not guilty to a gangland killing.

"I believe (the judge) is aware of the concerns," a source familiar with the case said.

Although the accused is not named in Underbelly, which is due to air next Wednesday, there are concerns the show could hurt his chance of a fair trial.

"We have a trial starting. We want to pick a jury and begin that trial. My view is that the courts run the system, not Channel 9," a lawyer for the accused told the Herald Sun.

The program, hailed by pundits as Nine's attempt to drag itself out of the television ratings doldrums, has cost $1 million per episode and has generated unprecedented hype for a drama series.

A DPP spokesman would not comment on today's proceedings.

"The Director has not yet had an opportunity to preview the program, and as such is not yet in a position to comment as to whether he would consider seeking an injunction in relation to any or all of the program," he said.

"This position may alter after the Director has previewed the program. He hopes to preview some of the program shortly."

Use of images of Tony Mokbel have also caused worries. The bail-jumping drug dealer's face is to be obscured and references to his name removed, to be replaced with the identity Mr B.

Broadcasts in other states and territories will not be altered.

Mokbel, who is in a Greek prison, will face 20 charges, including two of murder, when he is returned to Melbourne, where he claims he will not be able to get a fair trial because of publicity.

Lawyer Mirko Bagaric, who represented him during extradition proceedings last year, said that the producers of Underbelly needed to be careful to stay with proven facts.

"If it is untested evidence, that could subject them to contempt of court proceedings," Mr Bagaric said.

Producer Screentime's executive director, Des Monaghan, has refused to say whether last-minute legal advice had prompted the need for any further editing of the program.

"I just don't comment on legal speculation," he said.

Mr Monaghan would not be drawn on speculation that the pending extradition of Mr Mokbel would require a rethink on how he was portrayed in the drama to avoid prejudicing his trial.