Tony Mokbel's Final Drug Conviction Withdrawn, Released from Bail
Tony Mokbel, 60, has had his final drug conviction charge withdrawn, leading to his release from strict bail conditions. The Director of Public Prosecutions (DPP) formally discontinued the retrial for the Operation Orbital case, which involved allegations from 2005. This decision means Mokbel is no longer under bail restrictions and can move freely, having been out of jail since April 2024.
Charges Discontinued: Operation Orbital Retrial Ends
On Friday, the DPP confirmed its decision to discontinue the retrial for the Operation Orbital case against Tony Mokbel. Prosecutor David Glynn formally announced the withdrawal of the charge in Melbourne's Supreme Court. This action resolves the final pending drug conviction charge against Mokbel.
The DPP formally discontinued the retrial for the Operation Orbital case, resolving the final pending drug conviction charge against Tony Mokbel.
Operation Orbital: Allegations from 2005
The Operation Orbital case centered on allegations that Mokbel, in June 2005, attempted to source a commercial quantity of MDMA from overseas. Specifically, it was alleged that Mokbel sought to import 100 kilograms of MDMA for 800,000 euros. The individuals Mokbel was in contact with during these alleged activities were identified as undercover officers from the Australian Federal Police. The alleged offending occurred while Mokbel was on bail for other matters.
Why the DPP Withdrew the Charges
The DPP outlined several factors influencing its decision not to pursue a retrial:
- A careful consideration of the prospects of conviction if the case proceeded to trial.
- An assessment of the public interest in a retrial, given the circumstances.
- Concerns regarding likely ongoing delays in the legal process.
- The age of the alleged offending, which dated back to 2005.
- The absence of actual drug importation in the alleged offense.
- Consideration of the likely sentence upon conviction, factoring in Mokbel's age, health, and the extensive period of imprisonment he has already served.
Road to Freedom: Appeals and Miscarriage of Justice
Mokbel was released from jail in April 2024 following a partially successful appeal of three previous convictions. His legal team had argued that these convictions represented a miscarriage of justice because his former barrister, Nicola Gobbo (known as Lawyer X), had secretly provided information about him to Victoria Police while acting as his legal counsel.
One specific case, "Quills," was deemed so severely compromised by this conflict of interest that the Court of Appeal entered an acquittal. The Court had previously ordered a retrial for the Operation Orbital case, which has now been discontinued by the DPP. Following the discontinuation, Mokbel expressed gratitude to his legal team and supporters and stated a desire to travel overseas.