The lads had been discovered responsible by a Brisbane Supreme Courtroom jury in April 2021 of trying to import as much as $200 million value of cocaine into Australia.
Three months later, on July 27, the Olympic silver medallist was sentenced to 25 years behind bars, whereas his youthful brother was handed a 28-year jail time period.
Dru Baggaley was discovered to be a principal organiser of the plot and recruiter of one other man, Anthony Draper, to go to sea with him.
The now 41-year-old and Draper set off on a rigid-hulled inflatable boat from Brunswick Heads in July 2018, assembly a overseas freighter about 360 kilometres off Queensland’s coast about 11 hours later, the courtroom was informed.
The lads retrieved packages thrown off the opposite ship however on their return flung them into the ocean when pursued by an Australian navy vessel.
Bundles recovered on the time, along with these washed ashore for months after, contained 650 kilograms of white powder containing cocaine value between $130 million and $200 million.
Dru Baggaley and Draper had been arrested earlier than they reached the mainland and Nathan Baggaley taken into custody nearly a yr later.
Dru Baggaley was arguing there was a miscarriage of justice attributable to defence counsel’s conduct on the trial, the Queensland Courtroom of Enchantment was informed on Thursday.
“You have chosen to make this the bottom of your enchantment, it is a large factor to do but when you are going to do it, it’s important to do it in a approach that is correct,” Justice Dalton informed barrister Saul Holt KC.
The courtroom was involved that submitted affidavit materials solely informed a part of the related factual background and it was being requested to make inferences the place there was no direct proof, she stated.
The case was adjourned till a date but to be determined for Mr Holt to take additional directions from Dru Baggaley and solicitors to offer extra proof to the courtroom.
Nathan Baggaley, now 47, has additionally appealed his conviction, earlier telling the courtroom his attorneys did not comply with his directions.
It was “incompetent to say the least” that his authorized counsel had not argued sure elements through the earlier enchantment proceedings, he stated.