Powers used by Victoria Police to ban underworld figures from Crown casino and the state’s racing venues have been called into question after secret legal advice suggested the nearly two-decade-old crime fighting tactic may be invalid.
The warning has prompted Victoria Police to launch a review of its exclusion order system, which has resulted in nearly 600 suspected criminals and their associates being blacklisted from Crown since 2004.
Banned from Crown casino since 2004 (left to right and top to bottom): Horty Mokbel, Tony Mokbel, Carl Williams, Mick Gatto, Toby Mitchell, Mick Murray, Jay Malkoun, Rocco Arico, Danny Nikolic and Antonio Madafferi.Credit:
Police have since dropped the ban against underworld figure and convicted drug trafficker Horty Mokbel, who along with Tony Mokbel, Carl Williams and Mick Gatto was among the first people to be banned when the powers were introduced.
Also on the Crown blacklist are bikie leaders Toby Mitchell, Mick Murray and Jay Malkoun, gangland boss Rocco Arico, former jockey Danny Nikolic and the alleged head of the Calabrian mafia, Antonio Madafferi. (Mr Madafferi has never been convicted of a crime and denies any wrongdoing.)
The exclusion orders have been a cornerstone of Victoria Police’s strategy to combat organised crime and money laundering since they were introduced during Melbourne’s underworld war in the early 2000s.
The casino has long been favoured for laundering the proceeds of crime and as a “neutral” place for criminal figures to meet and discuss business because of perceptions it is safe due to blanket CCTV coverage.
Victoria Police declined to comment on what prompted the review, except to say that it still considers the banning program “robust”.
“We can confirm that as a matter of good practice, all exclusion orders are currently being examined to ensure they are still relevant and procedural fairness was applied to the individuals,” a spokeswoman said.
Mr Madafferi and Mr Nikolic both unsuccessfully tried to overturn their bans through the courts several years ago, with the defeats suggesting the exclusion system was defensible. But a law enforcement source, who cannot be publicly identified because they were discussing internal operations, said Victoria Police had since received legal advice that the orders were procedurally unfair and vulnerable to further challenge.
It included a warning that convictions obtained for breaching orders could be unsafe.
The orders, which are issued at the discretion of the Chief Commissioner of Police, are based on secret intelligence alleging the person is involved in criminal conduct, is a known associate of criminals, or is deemed to pose a risk to the integrity of racing and gaming. The intelligence used to underpin a ban is considered highly confidential and is not disclosed.
Horty Mokbel when his casino and race track ban was imposed in 2004.
Horty Mokbel, brother of jailed kingpin Tony Mokbel, is the first person whose exclusion order has been revoked as a result of the review.
The convicted drug trafficker received a notification from police in June that he was no longer barred from entering the casino or racing venues after 17 years. No explanation for the reversal was provided.
Mr Mokbel’s solicitor declined to comment. But Mr Mokbel had been threatening to challenge the validity of the order after he was detected inside Crown casino in November 2018 and criminally charged.
At a hearing in the Magistrates Court in mid-2019, Mr Mokbel’s lawyer alleged the order was invalid because it had likely been based on “information that was improperly or unlawfully obtained” through his former barrister-turned-informer Nicola Gobbo.
That claim was never tested. Victoria Police quietly dropped its prosecution of Mr Mokbel in January 2020 and cancelled his ban last month.
Victoria Police declined to comment on Mr Mokbel’s case specifically, citing privacy reasons. “One exclusion order has recently been withdrawn as part of this review,” a spokeswoman said. “It is important to note that just because an exclusion order has been withdrawn, it does not mean a new exclusion order cannot be issued to an individual.”
No replacement order has yet been issued.
Confidential sources say an attempt by Mr Mokbel to enter the casino before the state’s latest coronavirus lockdown was stopped after Crown officials used their own power to unilaterally block access to patrons deemed to pose a risk of “unacceptable behaviour”.
Crown is facing the possibility that its licence to operate could be revoked after reporting by The Age and 60 Minutes sparked a royal commission that has uncovered evidence of widespread misconduct and collusion with organised criminal activity.
Prior to the exclusion bans, Victoria Police routinely conducted surveillance operations inside Crown to monitor meetings between underworld figures, including employing lip readers.
Rumours that more bans could fall as a result of the Victoria Police review has been greeted with suspicion by underworld figures.
“The police have realised they are missing out on that intelligence that they are not getting any more,” a source said. “They want people to come back to see who is meeting with who and betting beyond their means.”
The Morning Edition newsletter is our guide to the day’s most important and interesting stories, analysis and insights. Sign up here.
Most Viewed in National
From our partners
Source: Read Full Article