Melbourne gangland driver walks free from jail in Lawyer X saga
After 12 years in prison Faruk Orman has walked free, his convictions quashed over a “substantial miscarriage of justice” linked to Melbourne's 'Lawyer X' scandal.
Friday's acquittal is expected to pave the way for several other appeals by some of Victoria's most notorious crooks.
Before an emotional Mr Orman could even leave the dock he was swamped by family and friends, but the first hugs went to his teary lawyers.
He grinned and posed for pictures with them outside, arms around their shoulders, before being whisked away by family to enjoy his new-found freedom.
Mr Orman shook and wiped away tears as Court of Appeal President Chris Maxwell announced he would be acquitted of the murder of underworld figure Victor Peirce.
Director of Public Prosecutions Kerri Judd QC said the full bench of judges had only two options – retrial or acquittal – after she conceded the actions of his former lawyer Nicola Gobbo had denied him a fair trial.
Mr Orman hired Ms Gobbo – more recently known as 'Lawyer X' – after he was charged with Peirce's murder in June 2007, but four days later she told police she could only "work in the background" for him because of a conflict of interest.
She also represented the main prosecution witness against him.
In November 2007 Ms Gobbo told officers a witness was considering not giving evidence against Mr Orman and she urged them to "put him straight".
"Gobbo improperly took active steps to ensure the principal crown witness would in fact give evidence against (Mr Orman)," Ms Judd said.
She said there was enough other evidence against Mr Orman that could achieve a conviction if the judges were to order a re-trial.
However the judges and prosecution agreed a re-trial would be "unjust".
"Ms Gobbo's conduct subverted Mr Orman's right to a fair trial and went to the very foundations of the system of criminal trial," Mr Maxwell said.
"There was, accordingly, a substantial miscarriage of justice."
Mr Orman had been sentenced to a maximum 20 years behind bars after a jury found him guilty of murder for his part driving the getaway car in the slaying of Mr Peirce at the hands of hitman Andrew "Benji" Veniamin.
A royal commission is investigating the police use of Ms Gobbo as an informer and a series of public hearings are ongoing.
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