“To put it in the vernacular: You don’t get to fire the dog and do your own barking,” Justice Philip Morrison said. The former sportsman responded that he was in court to argue the jury verdict was unreasonable.īut Justice Boddice said the Appeal Court hearing was only an opportunity for Baggaley to “point to something that is new”. “I believe there’s been a misapprehension of the facts regarding the whole Thunderbutt circumstance.”ĭuring a sometimes heated discussion, Justice David Boddice said Baggaley’s evidence during the trial had obviously been rejected by the jury. “I believe Mr Copley was not properly instructed by his juniors.”īaggaley argued about the trial prosecutor’s claim he communicated or tried to communicate with his brother at sea using the pseudonym “Thunderbutt” saying: “I’m on standby, ready”. When an Appeal Court justice stated Baggaley was represented in the hearing by “one of the most experienced criminal barristers in Queensland” Michael Copley, Baggaley replied: “I recognise that, and can I just clarify here as well, I’m not here criticising Mr Copley. “For my legal counsel not to advance that argument and not to even raise that point I feel is incompetent.” “Not once in the previous hearing did they use the words ‘false line of reasoning’. It was “incompetent to say the least” that his legal counsel had not argued certain aspects during the earlier appeal proceedings, he said. The court heard they could only have been motivated by greed to commit the "very serious offending".Queensland Appeal Court judges are yet to hand down their decision on the appeal against Nathan Baggaley’s conviction after a hearing in March.īut on Friday, the 46-year-old represented himself in applying for the appeal to be re-opened, telling the court sitting in Brisbane his lawyers failed to follow his instructions. Justice Lyons found evidence that established Nathan Baggaley knew of the voyage by the day before the men went to sea, that "it was to retrieve a large quantity" of cocaine and was standing by on the mainland to receive cargo.ĭru Baggaley was "a principal organiser of the attempted importation of the cocaine" and knew a large quantity of drugs were involved. The former sports star bought the RHIB, a trailer and equipment like a GPS system and satellite phone, all worth more than $100,000. She said Dru Baggaley was involved for longer, to a greater degree and recruited Draper, but Nathan played an "essential role". Justice Lyons found Nathan Baggaley was "actively involved in the attempted importation of cocaine" and was to receive a substantial reward for his services. The men retrieved bundles thrown off the ship but on their return flung them into the sea when pursued by an Australian navy vessel.īundles recovered at the time, together with those that washed ashore for months after, contained cocaine worth between $130 million and $200 million. She referred to a psychiatrist's report indicating his self-worth was enmeshed with sporting achievements and "that when you were banned you lost your income, career, reputation, friends and self-identity".ĭru Baggaley, 39, and a man he recruited, Anthony Draper, were arrested three years ago almost to the day after venturing more than 360 kilometres out to sea on a rigid-hulled inflatable boat to meet a foreign freighter carrying packages of cocaine. "It's clear that after a successful sporting career when it ends sportsmen who've achieved great prominence have great difficulty in adjusting to life outside that sporting arena." "There is a significant issue in relation to high performance athletes at end of their careers irrespective of how that career comes to an end. "I accept that the ban and the consequent negative media attention had devastating personal effects on you," she told him in handing down the sentence. Justice Lyons said Nathan Baggaley had achieved great prominence in sport, but his career ended in 2005 when he tested positive for enhancing drugs. Nathan Baggaley, 45, will have to serve 12 years in custody before he is eligible to apply for parole, while Dru Baggaley will be eligible to apply for parole after 16 years. Brisbane Supreme Court Justice Ann Lyons sentenced Dru Baggaley, 39, to 28 years in jail.
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