A judge has questioned why Nicola Gobbo became a police informer instead of going to an ethics committee or senior lawyers for advice, as her lawyers closed their case against police.
Former barrister Ms Gobbo, who became known as 'Lawyer X', is suing the state of Victoria for at least $800,000 in damages over claims she was groomed by police to become a human source in late 2005.
Her barrister Tim Tobin SC made his final submissions to the Supreme Court in Melbourne on Thursday as the judge-alone trial wrapped up.
Mr Tobin claimed officers acted negligently in signing Ms Gobbo up as an informer because they knew she was vulnerable and distressed due to her close ties to gangland figures including Tony Mokbel.
"She was unable to extract herself from the situation at that time and was looking for some assistance," he told the court.
But Justice Melinda Richards questioned whether Ms Gobbo was actually vulnerable at the time she agreed to be an informer.
The judge noted Ms Gobbo, when she took the stand to give her own evidence, had conceded she did not feel her safety was threatened by Mokbel or others.
Ms Gobbo also agreed she could have gone to the Victorian Bar's ethics committee, senior lawyers and others mentors for help instead of the police, Justice Richards said.
"I'm still completely mystified why your client thought this was the way out of the pickle she found herself in," the judge told Mr Tobin.
"She dialled all of the risks up to the maximum - whereas going to the ethics committee or a trusted instructor would have had none of those consequences."
Mr Tobin accepted "it wasn't the best option" and there other things his client could have done instead of becoming an informer.
But he argued her choices did not mean police no longer had a duty of care towards her.
"They had made a decision to sign her up and we say they never should have," Mr Tobin said.
Ms Gobbo has suffered psychological injury since she was exposed as 'Informer 3838' and 'Lawyer X' in March 2019, he said.
He said she was forced into the witness protection program with her two children and her depression worsened as they moved overseas for their safety.
Mr Tobin argued she was eligible for damages in the sum of at least $800,000 for the pain and suffering she has, and will continue, to experience.
"The level of damages sought is consistent with the magnitude of her injuries," he said.
State barrister Bernard Quinn KC on Wednesday argued Ms Gobbo made the voluntary decision to become an informer and she could have left the role at any time.
Justice Richards reserved her decision on the trial, noting she would need some time to reach her judgment.
In 2010 Ms Gobbo sued Victoria Police claiming they failed to protect her as a witness and settled out of court for almost $3 million.
