- Two-time silver medalist involved in coke burglary
- Was also a three-time canoeing world champion
- In 2018, a failed drug smuggling plot took place
Olympic kayaker Nathan Baggaley will get the chance to challenge his 25-year prison sentence for a failed plot to smuggle more than 500 kilos of cocaine into Australia after his brother won an appeal.
Nathan Baggaley and his younger brother Dru were previously convicted in the Brisbane Supreme Court after a jury found them guilty in 2021 of attempting to import a commercial quantity of a border-controlled drug.
The failed plot involved an attempt to import $200 million worth of cocaine into Australia by boat in 2018.
When the boat Dru Baggaley and another man, Anthony Draper, were traveling on was intercepted by an Australian Navy vessel, the pair threw the packages allegedly containing cocaine overboard.
Nathan Baggaley (left) and his brother Dru (right) were convicted in 2021 for their role in a failed plot to import 650kg of cocaine into Australia
It is estimated that the recovered bundles contained 650kg of white powder and cocaine worth between $130 million and $200 million.
The Olympic silver medalist was sentenced to twelve years in prison.
Draper, who pleaded guilty to attempting to import a commercial quantity of a border-controlled drug, was sentenced to 13 years in prison for his involvement in the smuggling plot, with a non-parole period of four years and three months.
Dru Baggaley was sentenced to 28 years in prison, with a non-parole period of 16 years, after a jury found he was the main organizer of the failed smuggling plot and also recruited Draper to go to sea with him.
Dru Baggaley and Anthony Draper were intercepted by the Australian Navy as they allegedly went to pick up cocaine in the ocean (pictured)
However, on December 8, the Court of Appeal ruled that a miscarriage of justice had occurred in the trial of Dru Baggaley.
He successfully argued that the Crown failed to prove ownership of the phone used during the planning stages of the drug smuggling plot.
The Court of Appeal ordered the quashing of Dru Baggaley's sentence and ordered a new trial.
Following this decision, the Court of Appeal assessed Nathan Baggaley's appeal on Thursday.
He was given more time to consider the grounds of his appeal which he wanted to change given his brother's recent victory in court.
He was ordered to resubmit new evidence or amended applications by January 29 so the Crown could reconsider the case.
Nathan Baggaley (pictured competing for Australia) has reviewed his appeal following a surprise decision regarding the case against his brother Dru
The issue will be raised again early next year.
In November, Nathan Baggaley had argued in his appeal to the Brisbane Court of Appeal that his 25-year sentence was excessive as he played a smaller role in the importation than his brother.
He had also argued that the Crown had failed to prove at his trial that key messages sent through various apps under the username 'Thunderbutt' during the planning stages of importing the cocaine were sent by him.
Federal police continued to find bags of cocaine washing up on shore after the Baggaleys were arrested (pictured)
Another contention made by Nathan Baggaley on appeal was that key evidence used in the trial showed that his fingerprints were found on the inside of the black tape used to conceal the registration number of the inflatable boat used by his brother and Draper was used.
Nathan Baggaley had previously purchased the boat, as well as a trailer and equipment such as a satellite phone and a GPS system, all worth more than $100,000.
He told the court in November that he had bought the tape but left it in the boat and that his brother may have used it to cover the registration.
Nathan Baggaley argued that his sentence should be reduced to approximately eight years to reflect Draper's lesser sentence.