Dru Baggaley, 42, and another man were intercepted by the navy in July 2018 after using a seven-metre inflatable boat to pick up 650 kilograms of cocaine from a ship 360 kilometres off Australia’s east coast.
Dru Baggaley was seen by navy surveillance jettisoning parcels into the sea, some of which washed ashore at various locations off the east coast of Australia.
The inflatable boat, which was launched from Brunswick Heads on the NSW north coast, had been bought by Nathan Baggaley and registered in his name.
The brothers were previously found guilty of attempting to import cocaine by a Brisbane Supreme Court jury in April 2021.
Nathan Baggaley was sentenced to 25 years’ imprisonment and his brother 28 years.
They later won appeals against their convictions and were ordered to face the retrial that was due to start on October 28.
Justice Declan Kelly on Monday sentenced Nathan Baggaley to 13 years in jail and his brother to 15 years.
They are eligible for parole after serving 1964 and 2287 days in jail respectively.
The brothers, dressed in blue suits, hugged their parents in the courtroom gallery after Kelly’s sentencing.
Kelly said there was insufficient evidence to prove Dru Baggaley knew he was importing cocaine.
The court was told he thought he was collecting tobacco.
“Dru was reckless that there was a substantial quantity of a border-controlled drug but there is insufficient evidence that he knew the precise quantity,” Justice Kelly said.
He said Nathan Baggaley didn’t know initially there was to be an attempt to import a border-controlled drug.
“It can only be shown Nathan developed a requisite state of mind as of July 30, 2018,” Justice Kelly said.
“But from that point in time he was aware of the attempt to import a substantial quantity of a border-controlled drug but was reckless as to the identity of that drug.
“It cannot be shown that Nathan knew the drug was cocaine or the precise amount of the drug.”
Kelly accepted a defence barrister’s submission the facts were “profoundly different” compared to the brothers’ 2021 sentencing.
But he said the importation’s size was nonetheless a “very relevant factor” in his sentencing.
Nathan Baggaley won two silver medals at the 2004 Athens Olympics along with three world titles.
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