VIC:Ex-cop apologises over Mokbel affidavits

AAP General News (Australia)
12-19-2011
VIC:Ex-cop apologises over Mokbel affidavits

By Daniel Fogarty

MELBOURNE, Dec 19 AAP - The former head of Victoria's anti-gangland taskforce has told
drug boss Tony Mokbel's change-of-plea hearing he is sorry for the costs to Victorians
of his officers' failure to swear affidavits.

Former detective inspector Jim O'Brien, who was a police officer for more than 30 years,
admitted on Monday there was a practice within the Victoria Police crime department of
not properly swearing affidavits.

Mr O'Brien, who was head of the Purana Taskforce during his final years as a policeman,
told the Victorian Supreme Court he could recall only four occasions when a Bible had
been brought into his office and affidavits had been properly sworn in front of him.

Mokbel is trying to change his plea to major drug trafficking charges from guilty to
not guilty after revelations that Victorian police officers have not been swearing affidavits.

Mr O'Brien said the practice of not swearing affidavits was "in vogue" in June 2001
when he returned to the crime department after a stint in another area of policing.

He could not explain why he did not change the practice.

As his evidence drew to a close, Mr O'Brien apologised.

"I would just like to offer my apology to the court in response to these issues and
for the costs to the people of Victoria," he said.

Mr O'Brien said the most important thing to him was that the contents of the affidavit were true.

Affidavits are placed before magistrates to obtain warrants to search premises and
use telephone intercepts and listening devices.

The court has previously heard up to half the affidavits used in the Mokbel case may be invalid.

Mokbel pleaded guilty in April this year to charges of trafficking a large commercial
quantity of drugs.

The application before Justice Simon Whelan is continuing.

AAP df/gfr/mp/wjf

KEYWORD: LEGAL: MOKBEL UPDATE

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