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Tony Mokbel’s longtime solicitor has had charges against her dropped after serious issues were raised over whether police could prove she instructed others to delete messages on an encrypted app.
Prosecutor Ray Gibson told Melbourne Magistrates’ Court on Thursday that the case against Sarah Tricarico had fallen apart and the charges of attempting to pervert the course of justice would be dismissed.
Sarah Tricarico (centre) outside court.Credit: Luis Enrique Ascui
In March, Victoria Police’s Criminal Proceeds Squad arrested Tricarico, 38, based on evidence allegedly uncovered during a sting that tricked underworld figures into using an encrypted phone system, known as AN0M, that was actually run by police.
Youssef Samaan Raffoul, 33, from Coburg, was also charged with attempting to pervert the course of justice and also had his charges withdrawn on Thursday.
Both had maintained their innocence.
Youssef Raffoul was also charged with attempting to pervert the course of justice.Credit: Jason South
The court heard police began compiling a brief of evidence against Tricarico and Raffoul in 2023, four years after officers alleged the pair were involved in discussions to wipe communications stored on AN0M.
The court heard Australian Federal Police officers had gathered intelligence about people using the devices as part of Operation Ironside, and provided tips to Victoria Police.
Documents disclosed to the defence contained an array of handle names used by people linked to the case including “Pocket Rocket” and “China888″, with police alleging these referred to Tricarico and Raffoul respectively.
Other handles included “The General”, “Rumpelstiltskin”, “Pablo” and “Wally the Wizard”.
Tricarico had been accused of instructing Raffoul to remotely delete the contents of a device belonging to another man, Patrick Succar, before Succar was arrested.
Police alleged Raffoul then attempted to clear the phone’s contents remotely.
Police alleged this instruction hindered the police investigation and subsequent prosecution of Succar – who was eventually jailed after pleading guilty to trafficking a commercial quantity of drugs.
“The message history is quite extensive,” Detective Senior Constable Mahney Filipec said.
But defence barristers Dermot Dann, KC, and Damian Sheales pressed Filipec on whether she was aware or had disclosed that there were possibly multiple people using similar handles on the platform.
“When your whole case hinges on Succar being held to be The General, do you think you had a duty to disclose to the defence and the court your knowledge that there were at least two people at this time understood to be The General?” Sheales asked.
Filipec denied the allegation and said she believed all relevant material had been disclosed to the defence by AFP and Victoria Police.
In one message exchange aired in court, China888 wrote to another person: “The General got pinched. And he has AN0M. Not sure if they caught him with it.”
“Let’s wipe it anyway,” the other user replied.
Tricarico, who established her firm, Sarah Tricarico Lawyers, in 2016, has represented a host of underworld figures including convicted murderer George Marrogi and members of the Haddara, Barbaro and Tiba crime families.
In May, Tricarico successfully overturned a suspension on her practising certificate and was allowed to continue working under supervision with current clients.
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