Tony Mokbel’s legal team is expressing frustration with prosecutors who have requested additional time to determine whether they will pursue a retrial for the notorious gangland figure on a drug importation charge.

The 60-year-old Mokbel faces a potential retrial related to alleged offenses from 2005, known as Operation Orbital. This development follows the Victorian Court of Appeal’s decision to overturn his previous conviction as a result of the controversial Lawyer X scandal.

In November, Mokbel’s attorneys filed a motion to have the case dropped, but the Director of Public Prosecutions indicated that they needed more time to review the situation before making a decision.

During a recent Supreme Court hearing, Prosecutor Simon Thomas explained that the director requires until mid-February to reach a conclusion, citing the case’s complexity as the reason for the delay.

In response, Mokbel’s barrister, Julie Condon KC, strongly criticized the extended timeline, calling it entirely 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.

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.