Mokbel 'sorry saga' drags on as retrial left in limbo

Tony Mokbel's barrister has slammed prosecutors after they asked for more time to decide whether to retry the gangland figure on a drug importation charge.

Mokbel, 60, is facing a retrial over the alleged 2005 offending, dubbed Orbital, after the Victorian Court of Appeal set aside his conviction in the aftermath of the Lawyer X saga.

His lawyers in November applied for the proceedings to be discontinued, with the Director of Public Prosecutions indicating they would need some time to consider the matter.

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Prosecutor Simon Thomas today told the Supreme Court the director still needed until mid-February to decide because the case was complicated.

Mokbel's barrister Julie Condon KC criticised the delay, saying it was completely unacceptable.

"It is very unfortunate given the delay that has tainted this matter," Condon said.

"The line has to be drawn in the sand somewhere."

It's alleged Mokbel dealt with two undercover officers in June 2005, believing they were international MDMA suppliers, and tried to import 100kg of the drug.

Condon said it was not a complicated matter for the director to consider, noting the alleged offending only spanned two weeks.

Mokbel had also effectively served the jail sentence that was originally imposed, the barrister added.

She urged judicial registrar Tim Freeman to adjourn the case to the next possible date, saying her client was keen to have the "sorry saga" come to an end.

Freeman agreed the case needed to progress at the next hearing, either through the director discontinuing the charge or setting down dates towards a retrial.

The case was adjourned to February 6, with Mokbel's bail extended to that date.

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His bail conditions were also varied to allow him to head to Queensland for a three-week holiday over the New Year.

Mokbel, who was supported by his girlfriend, did not speak to reporters as he left the court today.

The 60-year-old had launched an appeal against his three drug convictions, arguing they were tainted by barrister-turned-informer Nicola Gobbo, known as Lawyer X.

He successfully quashed his Quills drug trafficking conviction in October, with the appeal justices finding he had suffered a substantial miscarriage of justice because of Gobbo's actions in secretly providing information to police.

His Orbital importation charge was set aside but the judges ordered a retrial after accepting there still could have been a fair trial if a witness's tainted statement was excluded.

Mokbel lost his appeal on the Magnum drug trafficking offence, finding he had fallen short of establishing there was a real question as to his guilt.

He was re-sentenced on that charge to time already served.