In February 2019, I received a petition for mercy on behalf of Faruk Orman, who in 2009 was convicted of murder in the Supreme Court of Victoria.
Detailed submissions and extensive evidence in support of the petition were provided to me by Mr Orman’s lawyers in April and May 2019. I subsequently sought independent advice from criminal law experts on the petition.
Based on the material provided by Mr Orman’s lawyers, I am satisfied there is credible evidence that there may have been a miscarriage of justice in Mr Orman’s case arising from Nicola Gobbo’s conduct and use as a human source by Victoria Police.
I have therefore exercised my power under the Criminal Procedure Act 2009 to refer Mr Orman’s matter to the Court of Appeal to be heard as an appeal.
Given the substantial volume of material already available about Ms Gobbo’s conduct in relation to Mr Orman, I do not believe it necessary to await the Royal Commission into the Management of Police Informants’ final report before referring his case.
I have asked the Department of Justice and Community Safety to advise the Director of Public Prosecutions and the Royal Commission of my decision.
As the case has now been referred to the Court of Appeal, it is not appropriate for me to make any further comment in relation to this matter.
Reviewed 19 August 2020