by aleksandrored » Sat Jul 24, 2021 8:08 pm
Mafia figure Frank Madafferi could be deported to Italy as early as next month even though a court has not yet ruled whether his conviction for drug trafficking should be overturned amid allegations it was tainted by his solicitor Joseph Acquaro’s work as a police informer.
Australian Border Force has begun preparations to expel the reputed senior member of the Calabrian Honoured Society, or ’Ndrangheta, when he becomes eligible for parole in August. The now 60-year-old has served seven years of a decade-long sentence for his role in one of the largest ecstasy trafficking syndicates in Australian history.
Madafferi’s 2014 conviction, which is now under appeal, is the basis for the deportation order Border Force plans to execute on the day he is released from prison.
The Court of Appeal heard on Friday that Madafferi could be expelled from Australia in less than three weeks, well before the court could hear his case.
“Border Force have asked questions of Mr Madaferri about his potential accommodation and support networks in Italy and preference as to flights,” his barrister Catherine Boston said.
Ms Boston alleged Victoria Police and the Victorian Government Solicitor’s Office (VGSO) were “well aware” of the looming deportation but had caused repeated delays to his appeal by withholding documents about Mr Acquaro until the last minute and changing or recalling materials without notice or explanation.
“[Madafferi] was a victim of Victoria Police’s reprehensible conduct in using his solicitor Pino Acquaro as a police informer and he continues to be a victim of Victoria Police’s cavalier attitude to its positive and ongoing duty of disclosure ... with respect to provision of materials relevant to his appeal,” she said.
“Mr Madafferi, due to the delay on account of the conduct of VGSO and Chief Commissioner of Police, could well be removed from the country before his appeal is heard … They are aware he is subject to deportation to Italy.”
At the core of the dispute are hundreds of pages of documents concerning Victoria Police’s interactions with Mr Acquaro, which the Court of Appeal found last year could have “substantial assistance” in Madafferi’s appeal.
“These are matters that may reflect on the independence of the advice and representation that Madafferi received from Acquaro,” the Court of Appeal said.
Victoria Police was ordered to hand over the materials to Madafferi but his legal team alleges the discovery process has been repeatedly delayed and disrupted over the past six months.
The allegations were rejected by Victoria Police barrister Sashi Maharaj, QC.
“There is no concealment of anything,” she said, also noting police were “bearing a massive production burden” with numerous appeals under way related to Mr Acquaro and barrister-turned-informer Nicola Gobbo.
Supreme Court judicial registrar Ian Irving has ordered Victoria Police to turn over a final version of the documents.
The successful deportation of Madafferi would mark the culmination of a two-decade saga by law enforcement and immigration officials to revoke his residency visa for his reputed involvement in criminal activity in Australia and serious criminal history in his native Italy.
In the early 2000s, Madafferi waged a legal battle all the way to the High Court to avoid deportation, which ended in his favour when he was controversially given a visa following intervention by then immigration minister Amanda Vanstone.
The Age revealed the Madafferi family had intensely lobbied senior Liberal politicians in the then Howard government over the visa, and made substantial financial donations to the party.
Mafia figure Frank Madafferi could be deported to Italy as early as next month even though a court has not yet ruled whether his conviction for drug trafficking should be overturned amid allegations it was tainted by his solicitor Joseph Acquaro’s work as a police informer.
Australian Border Force has begun preparations to expel the reputed senior member of the Calabrian Honoured Society, or ’Ndrangheta, when he becomes eligible for parole in August. The now 60-year-old has served seven years of a decade-long sentence for his role in one of the largest ecstasy trafficking syndicates in Australian history.
Madafferi’s 2014 conviction, which is now under appeal, is the basis for the deportation order Border Force plans to execute on the day he is released from prison.
The Court of Appeal heard on Friday that Madafferi could be expelled from Australia in less than three weeks, well before the court could hear his case.
“Border Force have asked questions of Mr Madaferri about his potential accommodation and support networks in Italy and preference as to flights,” his barrister Catherine Boston said.
Ms Boston alleged Victoria Police and the Victorian Government Solicitor’s Office (VGSO) were “well aware” of the looming deportation but had caused repeated delays to his appeal by withholding documents about Mr Acquaro until the last minute and changing or recalling materials without notice or explanation.
“[Madafferi] was a victim of Victoria Police’s reprehensible conduct in using his solicitor Pino Acquaro as a police informer and he continues to be a victim of Victoria Police’s cavalier attitude to its positive and ongoing duty of disclosure ... with respect to provision of materials relevant to his appeal,” she said.
“Mr Madafferi, due to the delay on account of the conduct of VGSO and Chief Commissioner of Police, could well be removed from the country before his appeal is heard … They are aware he is subject to deportation to Italy.”
At the core of the dispute are hundreds of pages of documents concerning Victoria Police’s interactions with Mr Acquaro, which the Court of Appeal found last year could have “substantial assistance” in Madafferi’s appeal.
“These are matters that may reflect on the independence of the advice and representation that Madafferi received from Acquaro,” the Court of Appeal said.
Victoria Police was ordered to hand over the materials to Madafferi but his legal team alleges the discovery process has been repeatedly delayed and disrupted over the past six months.
The allegations were rejected by Victoria Police barrister Sashi Maharaj, QC.
“There is no concealment of anything,” she said, also noting police were “bearing a massive production burden” with numerous appeals under way related to Mr Acquaro and barrister-turned-informer Nicola Gobbo.
Supreme Court judicial registrar Ian Irving has ordered Victoria Police to turn over a final version of the documents.
The successful deportation of Madafferi would mark the culmination of a two-decade saga by law enforcement and immigration officials to revoke his residency visa for his reputed involvement in criminal activity in Australia and serious criminal history in his native Italy.
In the early 2000s, Madafferi waged a legal battle all the way to the High Court to avoid deportation, which ended in his favour when he was controversially given a visa following intervention by then immigration minister Amanda Vanstone.
The Age revealed the Madafferi family had intensely lobbied senior Liberal politicians in the then Howard government over the visa, and made substantial financial donations to the party.