Convicted gangland killer Faruk Orman is making a bid to be released from prison after being granted a petition of mercy by the Victorian Government.
Lawyers acting for Orman have notified Victoria's Court of Appeal of his intention to apply for bail.
If successful, he will be the first criminal to get out of jail in the wake of what has become known as the Lawyer X scandal — the way Victoria Police used gangland lawyer Nicola Gobbo as a police informer.
He was found guilty by a Supreme Court jury of being the getaway driver in the gangland killing.
Orman has always professed his innocence and appealed against his conviction all the way to the High Court.
The case against him came into question after it was revealed police had used Ms Gobbo.
Ms Gobbo, known as Lawyer X or Informer 3838, was a lawyer for many underworld figures but was also providing information to police.
It prompted Victoria's Attorney-General Jill Hennessy to grant him a petition of mercy on Wednesday, ordering his case be reheard before the Court of 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,'' Ms Hennessy said.
"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."
Lawyers pushing for fast appeal process
Ms Gobbo was Orman's lawyer, but the evidence against him is under question as it came from a gangland supergrass also linked to Ms Gobbo.
The man testified that Orman confessed to being the getaway driver when Andrew "Benji" Veniamin shot Mr Peirce in his car at Port Melbourne in May 2002.
Orman's lawyer, Ruth Parker, said her client is in an "extraordinary situation" and his appeal should be heard urgently.
"Twelve years in prison is a long time," she said on Wednesday.
Drug kingpin Tony Mokbel and convicted drug dealers Rob Karam and Zlate Cvetanovski have also applied for leave to appeal their convictions in the wake of the Lawyer X scandal.
Lawyers for Mokbel have also indicated they may apply to the State Government for a petition of mercy.
In its progress report tabled to Parliament today, the commission said it intends to give Ms Gobbo the opportunity to give evidence before the inquiry.
Police questioned on strength of evidence against Orman
As Orman's lawyers wrote to the court of appeal, his case was again raised inside the Royal Commission into Management of Police Informants on Friday.
A police officer investigating Melbourne's gangland murders, Mark Hatt, was questioned about the strength of the evidence against Orman.
It was put to him the evidence now under question because of Ms Gobbo's involvement was the most significant piece of evidence in the case against Orman.
But Acting Inspector Hatt told the inquiry separate evidence, namely phone calls recorded by police which implicated Orman, were of equal significance.
That prompted Commissioner Margaret McMurdo to question the officer on the strength of the phone tap evidence, if presented to a jury without the allegedly tainted evidence.
"Would those phone calls on their own lead to his conviction?" she asked.
"I couldn't say," Acting Inspector Hatt replied.
"Probably not."
