Event and Time
Event Description
- Date of Arrest: 26 April 2006
- Charge Filed: 14 April 2008, for trafficking a large commercial quantity of methylamphetamine.
- Conviction: July 2011, the applicant was convicted by jury verdict.
- Sentencing: 13 April 2012, sentenced to 10 years’ imprisonment.
Application and Claims
- The information leading to the arrest was provided to the police by Mr. Cooper, who became the principal prosecution witness against the applicant.
- The applicant claimed that his conviction should be overturned due to non-disclosure of critical information, specifically:
- Ms. Nicola Gobbo, his legal advisor, was also a police informer working with Mr. Cooper. - Gobbo's dual role prevented a fair trial due to her failure to disclose her relationship with Cooper and the payments made to him by police.
- The Crown conceded that this non-disclosure resulted in a miscarriage of justice, as it compromised the trial integrity and impacted the jury's ability to assess Cooper's credibility.
Judicial Decisions
- The court confirmed the Crown's concession regarding the miscarriage of justice and concluded a substantial violation of the principles governing disclosure.
- Due to the aggravated circumstances surrounding the applicant's conviction, the court agreed to quash the conviction and did not order a new trial.
Dispute Points and Legal Basis
Dispute Points
- Applicant's Claims:
- Non-Disclosure: Argued that vital information about Gobbo's role as a police informer affected his rights to a fair trial. - Inability to Challenge Evidence: Claimed that he could not challenge the admissibility of evidence or properly cross-examine Mr. Cooper. - : Contended that Gobbo's actions constituted a breach of her professional duty as a legal representative.