Olympic silver medallist Nathan Baggaley's brother has been refused bail after being accused of having drugs in his cell within weeks of winning a retrial over an alleged $200 million cocaine smuggling plot.
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Justice Melanie Hindman on Monday said fresh allegations of drug offending while behind bars had "loomed darkly" over Dru Anthony Baggaley's bid for release.
Dru Baggaley was allegedly intercepted by the navy in July 2018 and accused of using a seven-metre inflatable boat to pick up 650kg of cocaine from a ship 360km off Australia's east coast.
The 42-year-old was previously convicted and jailed for 28 years.
He successfully appealed his conviction in December 2023, with a retrial likely to begin in October.
Justice Hindman on Monday refused bail in Brisbane Supreme Court amid allegations Dru Baggaley was found with drugs in his cell barely a month after the successful appeal.
It is alleged he obstructed officers trying to search his cell in January by jamming the door's locking mechanism before flushing a mobile phone, which was later found in the prison's plumbing, down the toilet.
Justice Hindman said it was alleged corrections officers found a phone charger, valium tablets, 100 strips of suboxone and a packet labelled "coke" in his cell.
He has been issued with a notice to appear in relation to the alleged incident.
She said there was an "unacceptable risk" Dru Baggaley could continue to commit offences or fail to surrender to custody if required.
Dru Baggaley proposed living with his parents in northern NSW and working on his father's oyster farm if his bail application was successful.
Justice Hindman said he had previously committed offences in the northern NSW region and his criminal history reflected someone "intent on engaging in drug-related commercial activities for profit".
"There's no evidence of any underlying drug addiction issues or other issues that might be driving the offending, and the offending is somewhat high level, brazen and determined," she said.
Dru Baggaley has claimed to have evidence he was told by others in the alleged smuggling plot they would be handling illegal tobacco, not drugs.
He has been in custody since August 2018.
Baggaley's older brother Nathan Baggaley was also charged over the same alleged cocaine smuggling plot.
He was found guilty by a Supreme Court jury in April 2021 of attempting to import a commercial quantity of a border-controlled drug and imprisoned for 25 years.
But last Friday he won his appeal against his conviction, which will be set aside and a retrial ordered.
The Court of Appeal previously heard Nathan Baggaley should not have been convicted, as he could not be tied to an encrypted messaging app user called 'Thunderbutt' who allegedly organised the cocaine importation.
He is a three-time kayaking world champion, winning two silver medals at the Athens 2004 Olympics.
Australian Associated Press
