A financially-stressed business man has been sentenced to 12 years in prison for attempting to import more than 380 packages of cocaine into Australia, via Port Kembla, in an excavator.
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Adam Phillip Hunter, 35, was recruited by an unnamed "coffee man" before he attempted to import 332 kilograms in concealed packages in an excavator which his business had "purchased" from South Africa to Australia.
Judge Andrew Colefax sentenced Hunter, 35, to 12 years and nine months in jail with a non parole period of eight years and three months on Friday.
Hunter's business, Bungendore Landscape Supplies, was struggling financially as his utility bills were overdue, he had no funds in his personal credit cards and was unable to meet basic living expenses.
In March or April 2019 a regular business client, who Hunter refused to name so he became known as "the coffee man", became aware of his financial situation before he recruited Hunter into a criminal syndicate.
The syndicate wished to import a significant amount of cocaine into Australia from South Africa.
An arrangement was reached between the pair for Hunter to transfer $50,000 from the business account into a corporate entity for the purchase of a refurbished 20-tonne excavator, which would contain the concealed packages.
Judge Colefax said Hunter admitted that even though he didn't specifically ask what was concealed in the excavator when he agreed to be a part of the scheme, he suspected the contents would be some type of illegal drug.
He said Hunter admitted that the level of risk "didn't cross his mind".
"I'm satisfied...at the time you made the payment of $50,000 to the South African corporation, you were aware that a significant amount of a border controlled drug was to be imported into Australia by means of the excavator," Judge Colefax said.
"I am not however satisfied to the standard that you knew that border controlled drug was to be cocaine."
Hunter arranged for the excavator to be shipped through a freight forwarding company, and was in regular contact about the progress of the shipment.
Once the excavator arrived in Australia and cleared customs, it was supposed to be delivered to the business in Bungedore, and he would hire it out to associates of the syndicate to remove the drugs before the excavator was repaired and returned to him.
Hunter was supposed to prepare an invoice for the money so the syndicate could reimburse him and he would keep the excavator.
However it didn't go to plan as the excavator was not clean and customs would not clear it in that state.
Hunter had to pay for the machine to be cleaned, which he was reimbursed for by the syndicate.
The excavator was delivered to Bungadore from Port Kembla however the machine wasn't working so it could not go offsite to the associates of the syndicate.
For an extra $50,000 Hunter agreed to cut the machine and remove the drugs and the associates would come and collect them.
Investigating police raided the business when Hunter was cutting into the machinery and unloading the drugs.
There was no cocaine to be unpacked because Australian Border Force officials seized 384 plastic, one kilogram blocks concealed in the cavities of the hydraulic arm. Officers replaced the packages with an inert substance.
The value of the cocaine was not disclosed in court, however at the time of the seizure officials initially said the haul was worth $144 million.
Judge Colefax said parts of Hunter's evidence were "implausible" before saying he played a "significant and key role in the operation" but was not the "mastermind". He also said "there was no doubt it was financial reward".
The court heard Hunter had no prior criminal history and was well respected in the community.
He will be eligible for parole in October 2027.
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