The dishonorated Olympic Kayakist Nathan Baggaley and his brother Dru are eligible for probation after they were recently for their participation in a failed plot to smuggled up to $ 200 million cocaine to Australia six years ago.
The duo declared himself guilty in October trying to import a commercial amount of a border -controlled drug (cocaine) between December 16, 2017 and August 2, 2018 on the coast of eastern Australia.
The crown alleged that the Baggaley brothers planned to recover cocaine plastic packages from a 360 km foreign freighter from the Queensland coast.
The brothers had been declared guilty by a jury about the position in the trial in 2021.
The Court was told during the first trial of the brother that the drugs, which contained more than 500 kg of pure cocaine, was estimated to be worth the value of up to $ 200 million.
The silver medalist and former 48 -year -old world champion was at that time sentenced to 25 years in prison, while his younger brother Dru, 42, was sentenced to 28 years in prison.
They successfully appealed their convictions, but declared themselves guilty when the matter returned to court.
The brothers were recently in the Brisbane district court on Monday.
Nathan (left) and Dru Baggaley (right) have been sentenced for their participation in a failed drug importation plot
The Federal Police intercepted the failed import drug plot in 2018 and confiscated multiple plastic packages that pondered 360 km
It was told to the court that the crown now could not demonstrate if any of the brothers “positively” knew that they were involved in the importation of cocaine specifically.
However, the brothers finally accepted their role in the failed drug plot by declaring themselves guilty of the position.
The Court was told that Nathan had bought and equipped an inflatable boat with satellite communication equipment, that Dru and another man, Anthony Draper, had used to recover the drugs from the ocean.
The Court was told that Dru high, which were wrapped in plastic bags onboard.
The prosecutor of the Crown, Patrick Wilson, said that Dru and Draper recovered these packages “one by one” from the water before beginning to return to the continent.
However, while traveling, they were intercepted by the authorities and tried to flee.
When the couple tried to flee, DRU threw the packages down the board, which led the authorities to stop and recover them from the water.
Queensland police finally intercepted the boat, and Dru and Draper were arrested about 65 nautical miles from the coast of Byron Bay.
Draper has been sentenced to 13 years in prison for his participation in the failed import plot.
The court was told that Nathan had been waiting in Brunswick Heads in northern NSW for his brother and Draper to return from the coast.
He was told to the court that he tried to call the boat phone several times before leaving Brunswick Heads, but continued monitoring the ship’s ramp for his arrival.
Nathan Baggaley won a silver medal in the male final of K-1 class 500m at the 2004 Summer Olympic Games. Image: Jonathan Ferrey/Getty Images
In his previous appeal, DRU’s legal advisor successfully argue Original case of the crown against him.
In his published reasons, the Court of Appeals declared that Dru Baggaley’s lawyer did not ask questions in the trial to obtain evidence about the phone, including his property.
He included Draper’s accusations that had been published by the phone to Dru and asked him to buy a SIM card and a load card.
Wilson said the Baggaley brothers had entered their guilt statement last month after “the issues were resolved through negotiations.”
Wilson said that the two brothers had different levels of “criminal responsibility” and that it should now be “recognized” differently in the sentence compared to when they declared themselves innocent of the same position in their first judgment.
Wilson said it was agreed that there was now “insufficient evidence” that Dru “knew positively” that he was collecting border controlled drugs when he was traveling on the boat.
Dru Baggaley was arrested by Queensland police off the coast of Byron Bay
The Court was told that Dru had thought he was collecting cannabis.
Wilson said Dru was “reckless that there was a drug controlled by the border”, but it could not be shown that he knew “the precise amount” of what he was collecting.
However, Wilson said Dru was also “reckless” after the packages were collected and probably had an “augmented awareness” about what they contained when he could not stop the boat while the authorities pursued him.
Wilson said there was also “insufficient evidence” that his brother Nathan knew about any plan to import cocaine or the precise amount that will be collected before July 2018, apart from him buying the boat.
The crown also accepted that Nathan did not know Draper.
“The role of Nathan Baggaley is succinct in the sense that he was on hold on the coast and was involved in a short period of time,” he said.
Dru’s lawyer, Saul Holt Kc, told the Court that his client had declared himself guilty of “deeply different” accusations made against him by the crown and the previous sentence comments are “irrelevant.”
Holt said his client had an “reckless mental state for a period of two days for the criminality of participation.”
He said that his client should serve a main sentence of 15 years, but that immediate probation is granted as of Monday, which allows DRU to apply through the right channels.
Nathan’s lawyer, Gregory McGue KC, told the court that his client should receive a “head -headed sentence similar to Draper”, which was 13 years.
Judge Declan Kelly sentenced Nathan to 13 years in prison and 15 years in prison.
Judge Kelly ordered both brothers to be eligible for probation as of Monday, after each served as 1969 days and 2787 days respectively.
He said that the amount of drugs seized by the authorities was “considerable.”
Judge Kelly said he accepted Holt’s claim that “the facts are deeply different” compared to the 2021 sentence of the brothers.
However, he said that “the importation of the import remains a very relevant factor” in its sentence.
