Mokbel receives government payout for savage jail bashing
Drug kingpin Tony Mokbel, who was released from custody in April after almost 18 years in custody, has had another legal victory after receiving an undisclosed financial settlement over a savage attack in Barwon Prison in 2019.
However, Mokbel will be unable to access the funds until at least June 2026, after the Victorian government paid the settlement into a 'prisoner compensation quarantine fund' on Thursday.
It is unknown when the case settled, but lawyers acting for the now 59-year-old launched Supreme Court proceedings against the state in February 2023, when Mokbel was still behind bars.
According to a statement of claim, the governor and senior staff at Barwon Prison had failed to take adequate measures to protect Mokbel from a brutal bashing and stabbing by two fellow inmates on February 11, 2019.
Senior prison staff are accused of failing to adequately respond to an anonymous, handwritten note received by the prison a few days earlier, which warned a high-profile inmate in the Diosma unit would be 'taken out'.
Prison authorities also failed to take necessary measures to protect Mokbel following a story in the Herald Sun a day before the assault, which made him a target of inmates of Polynesian background, according to court documents.
Mokbel spent five days in a coma at the Royal Melbourne Hospital and sustained a 'traumatic brain injury causing intellectual disability'.
Lawyers acting for Mokbel had pursued aggravated and exemplary damages because they also alleged the prison had acted unlawfully and exacerbated their client's psychological injuries by rehousing him in a high-security unit upon his return from hospital.
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"It's not just the provision of the knife; from the beginning to the end, the applicant played a part in this episode," he said. Fernando was arrested after detectives from Newcastle's proactive crime team stopped a car on Albert Street at Lambton just before 1pm on February 4. Her solicitor argued elements of the Crown case were "circumstantial" and that if she was to be refused bail, Fernando could remain in custody until a trial at the end of 2026 or the start of 2027. "What we say in terms of the police case against Fernando is that it is largely based on CCTV of her movements, the use of her mobile phone, her proximity to what happened and something a witness heard that they said she said," he said. "Ms Fernando maintains what she said to the police in a statement provided to them that in terms of ultimately what happened, she didn't know what was going on, she wasn't told anything, and she was dumbfounded." 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The court heard that one of the passengers in the car claims she heard Fernando tell another passenger she shouldn't have given her a knife. Fernando's solicitor argued it was her first time in custody and that before she was arrested, she cared for five of her seven children. He said that prior to being arrested, Fernando suffered serious mental health issues and had sought help from her GP. Acting Justice Schmidt said she expected to deliver her decision early next week. Fernando's solicitor said she had "some criminal history largely made up of driving offences and more recently, but not too recently, some larcenies, fraud and an affray" and mentioned she was on a community corrections order at the time. Newcastle City police officers have been investigating the alleged murder of Mr Callahan under Strike Force Mannum, backed by the State Crime Command's homicide squad. 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"It's not just the provision of the knife; from the beginning to the end, the applicant played a part in this episode," he said. Fernando was arrested after detectives from Newcastle's proactive crime team stopped a car on Albert Street at Lambton just before 1pm on February 4. Her solicitor argued elements of the Crown case were "circumstantial" and that if she was to be refused bail, Fernando could remain in custody until a trial at the end of 2026 or the start of 2027. "What we say in terms of the police case against Fernando is that it is largely based on CCTV of her movements, the use of her mobile phone, her proximity to what happened and something a witness heard that they said she said," he said. "Ms Fernando maintains what she said to the police in a statement provided to them that in terms of ultimately what happened, she didn't know what was going on, she wasn't told anything, and she was dumbfounded." The court heard that one of the passengers in the car claims she heard Fernando tell another passenger she shouldn't have given her a knife. Fernando's solicitor argued it was her first time in custody and that before she was arrested, she cared for five of her seven children. He said that prior to being arrested, Fernando suffered serious mental health issues and had sought help from her GP. Acting Justice Schmidt said she expected to deliver her decision early next week. Fernando's solicitor said she had "some criminal history largely made up of driving offences and more recently, but not too recently, some larcenies, fraud and an affray" and mentioned she was on a community corrections order at the time. Newcastle City police officers have been investigating the alleged murder of Mr Callahan under Strike Force Mannum, backed by the State Crime Command's homicide squad.
The Advertiser
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Empty chairs spark bid to arrest premier's senior staff
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The discovery prompted fears of a terrorist attack or mass-casualty event, as the premier and Prime Minister Anthony Albanese immediately dubbed it. It later emerged it was a hoax, with senior NSW police telling Mr Roberts' inquiry they believed virtually from the outset it was a ruse. In a letter to the committee announcing their intention not to attend, the staffers say appearing before the inquiry "would be at odds with the principles of ministerial accountability". Mr Roberts pressed against that motion on Friday as he addressed empty chairs. "The committee is not seeking to sanction ministerial staff for their actions, only to shed light on the events in the lead up to the passage of the hate speech and protest laws through parliament," Mr Roberts said. Mr Minns attacked the upper house on Thursday for trying to get government staff to appear at inquiries "on a routine basis" - "almost like they're criminals and under investigation, or they should front some kind of Star Chamber inquiry". "And if not, they're under threat of arrest," he said. As members of the lower house, Mr Minns and Ms Catley cannot be compelled to appear at the upper house inquiry to give evidence. But staffers can be forced to appear. Another staffer named in the motion, Mr Minns' deputy chief of staff Edward Ovadia, said in the letter he should be excused from attending the committee because he was on leave at the time and did not attend meetings. The premier and police minister say they have commented extensively on the matter, including at parliamentary hearings and press conferences and during question time. Five senior government staffers could face arrest after failing to appear at an inquiry into an explosive-laden caravan found on Sydney's outskirts. In a dramatic escalation of an otherwise routine inquiry, the process to arrest the high-ranking staff in the offices of NSW Premier Chris Minns and Police Minister Yasmin Catley was set in motion on Friday after the quintet declined to appear. Committee chair and independent MP Rod Roberts conducted a roll call for the premier's chief of staff James Cullen and four other staffers before approaching upper house president Ben Franklin to seek arrest warrants. Mr Roberts said the president was non-committal when asked to go to the Supreme Court for the warrants, but Mr Franklin had a "very important and very crucial decision". "All along, Labor has tried to stonewall, delay and ridicule this important inquiry," fellow committee member John Ruddick said on social media. Agreeing to pursue the warrants could come with a personal awkwardness for Mr Franklin, given he is the godfather of the premier's second child. Arrest warrants can be issued to force a witness to attend an inquiry while witnesses who refuse to answer questions can face jail time. NSW Opposition Leader Mark Speakman said the failure of Mr Minns' staff to appear at the probe into controversial protest and hate speech legislation indicated the premier might have breached corruption rules. "If the premier has given a direction to staff to disobey a lawful requirement to appear, that would appear to be a breach of the ministerial code," he said. The protest and speech laws were rushed through the NSW parliament in February after explosives, anti-Semitic messaging and a list of addresses of Jewish people and institutions were found inside the caravan at Dural in Sydney's northwest on January 19. The discovery prompted fears of a terrorist attack or mass-casualty event, as the premier and Prime Minister Anthony Albanese immediately dubbed it. It later emerged it was a hoax, with senior NSW police telling Mr Roberts' inquiry they believed virtually from the outset it was a ruse. In a letter to the committee announcing their intention not to attend, the staffers say appearing before the inquiry "would be at odds with the principles of ministerial accountability". Mr Roberts pressed against that motion on Friday as he addressed empty chairs. "The committee is not seeking to sanction ministerial staff for their actions, only to shed light on the events in the lead up to the passage of the hate speech and protest laws through parliament," Mr Roberts said. Mr Minns attacked the upper house on Thursday for trying to get government staff to appear at inquiries "on a routine basis" - "almost like they're criminals and under investigation, or they should front some kind of Star Chamber inquiry". "And if not, they're under threat of arrest," he said. As members of the lower house, Mr Minns and Ms Catley cannot be compelled to appear at the upper house inquiry to give evidence. But staffers can be forced to appear. Another staffer named in the motion, Mr Minns' deputy chief of staff Edward Ovadia, said in the letter he should be excused from attending the committee because he was on leave at the time and did not attend meetings. The premier and police minister say they have commented extensively on the matter, including at parliamentary hearings and press conferences and during question time. Five senior government staffers could face arrest after failing to appear at an inquiry into an explosive-laden caravan found on Sydney's outskirts. In a dramatic escalation of an otherwise routine inquiry, the process to arrest the high-ranking staff in the offices of NSW Premier Chris Minns and Police Minister Yasmin Catley was set in motion on Friday after the quintet declined to appear. Committee chair and independent MP Rod Roberts conducted a roll call for the premier's chief of staff James Cullen and four other staffers before approaching upper house president Ben Franklin to seek arrest warrants. Mr Roberts said the president was non-committal when asked to go to the Supreme Court for the warrants, but Mr Franklin had a "very important and very crucial decision". "All along, Labor has tried to stonewall, delay and ridicule this important inquiry," fellow committee member John Ruddick said on social media. Agreeing to pursue the warrants could come with a personal awkwardness for Mr Franklin, given he is the godfather of the premier's second child. Arrest warrants can be issued to force a witness to attend an inquiry while witnesses who refuse to answer questions can face jail time. NSW Opposition Leader Mark Speakman said the failure of Mr Minns' staff to appear at the probe into controversial protest and hate speech legislation indicated the premier might have breached corruption rules. "If the premier has given a direction to staff to disobey a lawful requirement to appear, that would appear to be a breach of the ministerial code," he said. The protest and speech laws were rushed through the NSW parliament in February after explosives, anti-Semitic messaging and a list of addresses of Jewish people and institutions were found inside the caravan at Dural in Sydney's northwest on January 19. The discovery prompted fears of a terrorist attack or mass-casualty event, as the premier and Prime Minister Anthony Albanese immediately dubbed it. It later emerged it was a hoax, with senior NSW police telling Mr Roberts' inquiry they believed virtually from the outset it was a ruse. In a letter to the committee announcing their intention not to attend, the staffers say appearing before the inquiry "would be at odds with the principles of ministerial accountability". Mr Roberts pressed against that motion on Friday as he addressed empty chairs. "The committee is not seeking to sanction ministerial staff for their actions, only to shed light on the events in the lead up to the passage of the hate speech and protest laws through parliament," Mr Roberts said. Mr Minns attacked the upper house on Thursday for trying to get government staff to appear at inquiries "on a routine basis" - "almost like they're criminals and under investigation, or they should front some kind of Star Chamber inquiry". "And if not, they're under threat of arrest," he said. As members of the lower house, Mr Minns and Ms Catley cannot be compelled to appear at the upper house inquiry to give evidence. But staffers can be forced to appear. Another staffer named in the motion, Mr Minns' deputy chief of staff Edward Ovadia, said in the letter he should be excused from attending the committee because he was on leave at the time and did not attend meetings. The premier and police minister say they have commented extensively on the matter, including at parliamentary hearings and press conferences and during question time. Five senior government staffers could face arrest after failing to appear at an inquiry into an explosive-laden caravan found on Sydney's outskirts. In a dramatic escalation of an otherwise routine inquiry, the process to arrest the high-ranking staff in the offices of NSW Premier Chris Minns and Police Minister Yasmin Catley was set in motion on Friday after the quintet declined to appear. Committee chair and independent MP Rod Roberts conducted a roll call for the premier's chief of staff James Cullen and four other staffers before approaching upper house president Ben Franklin to seek arrest warrants. Mr Roberts said the president was non-committal when asked to go to the Supreme Court for the warrants, but Mr Franklin had a "very important and very crucial decision". "All along, Labor has tried to stonewall, delay and ridicule this important inquiry," fellow committee member John Ruddick said on social media. Agreeing to pursue the warrants could come with a personal awkwardness for Mr Franklin, given he is the godfather of the premier's second child. Arrest warrants can be issued to force a witness to attend an inquiry while witnesses who refuse to answer questions can face jail time. NSW Opposition Leader Mark Speakman said the failure of Mr Minns' staff to appear at the probe into controversial protest and hate speech legislation indicated the premier might have breached corruption rules. "If the premier has given a direction to staff to disobey a lawful requirement to appear, that would appear to be a breach of the ministerial code," he said. The protest and speech laws were rushed through the NSW parliament in February after explosives, anti-Semitic messaging and a list of addresses of Jewish people and institutions were found inside the caravan at Dural in Sydney's northwest on January 19. The discovery prompted fears of a terrorist attack or mass-casualty event, as the premier and Prime Minister Anthony Albanese immediately dubbed it. It later emerged it was a hoax, with senior NSW police telling Mr Roberts' inquiry they believed virtually from the outset it was a ruse. In a letter to the committee announcing their intention not to attend, the staffers say appearing before the inquiry "would be at odds with the principles of ministerial accountability". Mr Roberts pressed against that motion on Friday as he addressed empty chairs. "The committee is not seeking to sanction ministerial staff for their actions, only to shed light on the events in the lead up to the passage of the hate speech and protest laws through parliament," Mr Roberts said. Mr Minns attacked the upper house on Thursday for trying to get government staff to appear at inquiries "on a routine basis" - "almost like they're criminals and under investigation, or they should front some kind of Star Chamber inquiry". "And if not, they're under threat of arrest," he said. As members of the lower house, Mr Minns and Ms Catley cannot be compelled to appear at the upper house inquiry to give evidence. But staffers can be forced to appear. Another staffer named in the motion, Mr Minns' deputy chief of staff Edward Ovadia, said in the letter he should be excused from attending the committee because he was on leave at the time and did not attend meetings. The premier and police minister say they have commented extensively on the matter, including at parliamentary hearings and press conferences and during question time.
The Advertiser
12 hours ago
- The Advertiser
Ex-TV star asks to be spared conviction for Nazi salute
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Mr Monagle said if the diversion was not accepted by the prosecution then the matter would proceed to a three-hour contest mention. "The issues in dispute are legal," he told the court. "There was an action performed by my client, but there are provisions in the act that we say cover that, but the prosecution argues doesn't cover that." He said there was no relevant prior case law, because the only people convicted of the offence "openly said they were Nazis". The first Victorian convicted of performing the gesture in public was Jacob Hersant, a far-right extremist who was handed a one-month jail term and is appealing this. Hersant performed the salute in front of news cameras in October 2023, days after it was outlawed. Mr Monagle asked for time to gather materials in favour of diversion, including character and work references, and said Richardson has four letters from people who were at the event in question. Ms Bazzani said if diversion is accepted, the matter will go before a magistrate for consideration. If diversion is not accepted by the prosecution, then it is open for Richardson to enter a plea and seek a sentence indication, she said. Richardson, who is on summons, will next face court on July 15. He starred as Gary Canning in Neighbours from 2014 to 2020, and also appeared in Blue Heelers, McLeod's Daughters and Wentworth. He retired from acting in 2021 and unsuccessfully stood as a political candidate in the 2022 federal and state elections. An ex-television soap star is asking to be spared a criminal conviction for allegedly performing a Nazi salute. Former Neighbours and McLeod's Daughters actor Damien Patrick Richardson, 55, faced Moorabbin Magistrates Court in suburban Melbourne supported by his mother on Friday. He has been charged with performing a Nazi salute on September 14, 2024. Richardson is accused of intentionally performing the salute "whilst knowing that the symbol is associated with Nazi ideology" in a public place at Urban St restaurant in McKinnon, the court was told. Defence, prosecution and Richardson all appeared online on Friday morning, but magistrate Luisa Bazzani asked them to come into the court in person. Richardson's lawyer Peter Monagle said his client was preparing material to hand to prosecutors asking he be given a diversion. Diversion would mean Richardson is spared a criminal conviction for the offence, however the prosecution must agree to this and then recommend it to a magistrate. Mr Monagle said if the diversion was not accepted by the prosecution then the matter would proceed to a three-hour contest mention. "The issues in dispute are legal," he told the court. "There was an action performed by my client, but there are provisions in the act that we say cover that, but the prosecution argues doesn't cover that." He said there was no relevant prior case law, because the only people convicted of the offence "openly said they were Nazis". The first Victorian convicted of performing the gesture in public was Jacob Hersant, a far-right extremist who was handed a one-month jail term and is appealing this. Hersant performed the salute in front of news cameras in October 2023, days after it was outlawed. Mr Monagle asked for time to gather materials in favour of diversion, including character and work references, and said Richardson has four letters from people who were at the event in question. Ms Bazzani said if diversion is accepted, the matter will go before a magistrate for consideration. If diversion is not accepted by the prosecution, then it is open for Richardson to enter a plea and seek a sentence indication, she said. Richardson, who is on summons, will next face court on July 15. He starred as Gary Canning in Neighbours from 2014 to 2020, and also appeared in Blue Heelers, McLeod's Daughters and Wentworth. He retired from acting in 2021 and unsuccessfully stood as a political candidate in the 2022 federal and state elections. An ex-television soap star is asking to be spared a criminal conviction for allegedly performing a Nazi salute. Former Neighbours and McLeod's Daughters actor Damien Patrick Richardson, 55, faced Moorabbin Magistrates Court in suburban Melbourne supported by his mother on Friday. He has been charged with performing a Nazi salute on September 14, 2024. Richardson is accused of intentionally performing the salute "whilst knowing that the symbol is associated with Nazi ideology" in a public place at Urban St restaurant in McKinnon, the court was told. Defence, prosecution and Richardson all appeared online on Friday morning, but magistrate Luisa Bazzani asked them to come into the court in person. Richardson's lawyer Peter Monagle said his client was preparing material to hand to prosecutors asking he be given a diversion. Diversion would mean Richardson is spared a criminal conviction for the offence, however the prosecution must agree to this and then recommend it to a magistrate. Mr Monagle said if the diversion was not accepted by the prosecution then the matter would proceed to a three-hour contest mention. "The issues in dispute are legal," he told the court. "There was an action performed by my client, but there are provisions in the act that we say cover that, but the prosecution argues doesn't cover that." He said there was no relevant prior case law, because the only people convicted of the offence "openly said they were Nazis". The first Victorian convicted of performing the gesture in public was Jacob Hersant, a far-right extremist who was handed a one-month jail term and is appealing this. Hersant performed the salute in front of news cameras in October 2023, days after it was outlawed. Mr Monagle asked for time to gather materials in favour of diversion, including character and work references, and said Richardson has four letters from people who were at the event in question. Ms Bazzani said if diversion is accepted, the matter will go before a magistrate for consideration. If diversion is not accepted by the prosecution, then it is open for Richardson to enter a plea and seek a sentence indication, she said. Richardson, who is on summons, will next face court on July 15. He starred as Gary Canning in Neighbours from 2014 to 2020, and also appeared in Blue Heelers, McLeod's Daughters and Wentworth. He retired from acting in 2021 and unsuccessfully stood as a political candidate in the 2022 federal and state elections. An ex-television soap star is asking to be spared a criminal conviction for allegedly performing a Nazi salute. Former Neighbours and McLeod's Daughters actor Damien Patrick Richardson, 55, faced Moorabbin Magistrates Court in suburban Melbourne supported by his mother on Friday. He has been charged with performing a Nazi salute on September 14, 2024. Richardson is accused of intentionally performing the salute "whilst knowing that the symbol is associated with Nazi ideology" in a public place at Urban St restaurant in McKinnon, the court was told. Defence, prosecution and Richardson all appeared online on Friday morning, but magistrate Luisa Bazzani asked them to come into the court in person. Richardson's lawyer Peter Monagle said his client was preparing material to hand to prosecutors asking he be given a diversion. Diversion would mean Richardson is spared a criminal conviction for the offence, however the prosecution must agree to this and then recommend it to a magistrate. Mr Monagle said if the diversion was not accepted by the prosecution then the matter would proceed to a three-hour contest mention. "The issues in dispute are legal," he told the court. "There was an action performed by my client, but there are provisions in the act that we say cover that, but the prosecution argues doesn't cover that." He said there was no relevant prior case law, because the only people convicted of the offence "openly said they were Nazis". The first Victorian convicted of performing the gesture in public was Jacob Hersant, a far-right extremist who was handed a one-month jail term and is appealing this. Hersant performed the salute in front of news cameras in October 2023, days after it was outlawed. Mr Monagle asked for time to gather materials in favour of diversion, including character and work references, and said Richardson has four letters from people who were at the event in question. Ms Bazzani said if diversion is accepted, the matter will go before a magistrate for consideration. If diversion is not accepted by the prosecution, then it is open for Richardson to enter a plea and seek a sentence indication, she said. Richardson, who is on summons, will next face court on July 15. He starred as Gary Canning in Neighbours from 2014 to 2020, and also appeared in Blue Heelers, McLeod's Daughters and Wentworth. He retired from acting in 2021 and unsuccessfully stood as a political candidate in the 2022 federal and state elections.
