Fridayâs judgment was arguably more of an academic exercise in whether to record a retrial or an acquittal next to Mokbelâs name.
The Tony Mokbel infamous arrest shot in Greece.
His legal team, led by Bret Walker, SC, had argued for an acquittal to be entered into the record because Mokbel would never receive a fair retrial because of the amount of publicity the case had received. Ordering a retrial, the lawyer argued, would undermine the publicâs confidence in the integrity of the criminal justice system.
But the court, in a majority ruling from justices David Beach and Robert Osborn, said they were âfar from persuadedâ that a fair trial could not be held and the very quashing of the conviction in itself condemned the conduct of Victoria Police in utilising Ms Gobbo.
Fridayâs judgment was arguably more of an academic exercise in whether to record a retrial or an acquittal next to Mokbelâs name.
The Tony Mokbel infamous arrest shot in Greece.
His legal team, led by Bret Walker, SC, had argued for an acquittal to be entered into the record because Mokbel would never receive a fair retrial because of the amount of publicity the case had received. Ordering a retrial, the lawyer argued, would undermine the publicâs confidence in the integrity of the criminal justice system.
But the court, in a majority ruling from justices David Beach and Robert Osborn, said they were âfar from persuadedâ that a fair trial could not be held and the very quashing of the conviction in itself condemned the conduct of Victoria Police in utilising Ms Gobbo.
Court orders Mokbel to face retrial on quashed drug-trafficking charges theage.com.au - get the latest breaking news, showbiz & celebrity photos, sport news & rumours, viral videos and top stories from theage.com.au Daily Mail and Mail on Sunday newspapers.
More people acquitted in judge-only trials as applications increase
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The number of accused criminals applying to have their cases heard by a judge rather than a jury has increased as new data shows more people have been acquitted in judge-only trials.
Applications for judge-alone trials before the County Court have increased ahead of the temporary measure ending at the end of the month, with 20 applications in the past two months alone, compared to 21 in the first five months of operation.
Director of Public Prosecutions Kerri Judd believes matters involving complex scientific evidence could better suit a judge-alone trial.
More people acquitted in judge-only trials as applications increase theage.com.au - get the latest breaking news, showbiz & celebrity photos, sport news & rumours, viral videos and top stories from theage.com.au Daily Mail and Mail on Sunday newspapers.