Mullett vs Nixon continues in Vic court

Victoria's former top police officer rejects allegations she plotted to prosecute former union boss Paul Mullett and ruin his career.

Ex-chief commissioner Christine Nixon was shocked when she learned Mr Mullett was being investigated by the Office of Police Integrity in 2007 and sought independent legal advice before suspending him from the force, her barrister has told a court.

Mr Mullett is suing Ms Nixon for upward of $2 million, alleging she unlawfully suspended him and instigated baseless criminal charges against him that destroyed his career and credibility.

He claims she was determined to remove him as police union secretary, because he was a vigorous opponent of her bid to make changes in the force.

Mr Mullett was called to testify at OPI hearings in 2007, over allegations of leaked sensitive information in relation to a murder investigation.

The court heard Ms Nixon signed a suspension notice on November 15, 2007 - the last day of Mr Mullett's evidence at the inquiry.

His barrister, Andrew Panna, QC, alleged Ms Nixon plotted for Mr Mullett to be charged before he had even finished giving evidence.

Her legal team said: "Ms Nixon, of course, rejects any such proposition."

Assistant Commissioner Luke Cornelius had attended the OPI hearings to keep track of the evidence, the Victorian Supreme Court was told on Tuesday.

The day before Mr Mullet's suspension, Mr Cornelius told Ms Nixon he believed Mr Mullett's testimony showed he might have committed a crime.

Ms Nixon sought urgent advice from independent senior counsel, who was then tasked with examining the evidence overnight, the court was told.

On the morning of November 15, 2007, Ms Nixon was told there was a "reasonable belief" Mr Mullett might have committed an offence.

She prepared a suspension notice, but didn't sign it until Mr Mullett's evidence was finished, her barrister, Chris Caleo, QC, said.

Mr Mullett's legal team alleged Ms Nixon, as chief commissioner, deliberately penned the notice herself, because it left Mr Mullet little room to appeal.

But Mr Caleo said others who might have signed the notice - including Mr Cornelius and then-deputy commissioner Simon Overland - couldn't because they were involved in the investigation.

In July 2008, Mr Mullett was charged with giving false evidence.

The charges were later withdrawn, but the senior sergeant had already resigned from the force.

The trial continues.