A Canberra man who helped organise the largest ever drug haul destined for the ACT was sentenced to jail on Friday.
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Tamim Jamaal Nozhat, 24, received a three year and seven month sentence for his role in importing 356 kilograms of MDMA, with a non-parole period of 22 months.
He had already served more than a year in prison and was facing a maximum penalty of life imprisonment.
The court heard Nozhat had played a role in a plan masterminded by his friend Masoud Omari, who is believed to have fled overseas and has so far escaped prosecution.
The drugs, with an estimated street value of $139 million, arrived in Australia from Germany in 2017 hidden in dozens of buckets of pool chlorine.
Nozhat leased a Fyshwick premises for the drugs to be delivered to and set up a fake swimming pool business as a front to order the chlorine.
The plan was to organise a dummy shipment of pool chlorine to be delivered to test the waters before bringing in the MDMA.
A 538 kilogram consignment of pool cleaner arrived in Australia and was allegedly collected by Mr Omari.
With the test proving successful it was time to try with the real deal.
On May 17, 2017 the second consignment, containing the drugs, arrived by air in Sydney but was intercepted by Australian Border Force officers.
Eight cardboard boxes, containing 144 buckets of chlorine and hidden among the white powdered substance were vacuum sealed bags containing a different white powder; MDMA.
In the following days Nozhat received several telephone calls from the freight forwarding agent alerting him to a delay in the consignment being released.
At one point the man asks, "it's very, very strange, it's just pool cleaner this shit isn't it?" Nozhat replied, "Yeah, yeah."
It was during these conversations that Justice Mossop determined Nozhat was guilty of importing the drugs on the basis that he was reckless of the fact that an illegal substance may have been what was being imported.
Nozhat denied having direct knowledge that the operation was actually being carried out to import drugs.
At the time Nozhat was a co-owner of a construction company and was studying construction management.
The court heard Mr Omari, who owned an electrical engineering company, approached Nozhat and asked him to set up the pool company, despite Nozhat having no experience in the pool industry.
Nozhat reported being happy to help Mr Omari as he believed it could benefit his own construction business and he said Mr Omari told him he did not want to start the pool company for tax reasons.
Reports completed during Nozhat's time in prison said he had a desire to be perceived as impressive by his family and lacked some reasoning skills.
These were characteristics that could make him vulnerable to someone in a position of real or perceived power, such as Mr Omari.
Justice David Mossop said the prosecution only proved beyond a reasonable doubt that Nozhat had become reckless when he received the phone call from the freight agent.
Considering most of the organisation had occurred prior to that point Justice Mossop found Nozhat's involvement to be less serious.
The court heard reports Nozhat had worked hard since being in prison to turn his life around and "was ashamed to be involved in such an act".
A letter from Nozhat's mother described him as "a wonderful son, kind, thoughtful and incredibly giving of his time to others".
The court heard he had become a valued member of the Muslim community in the jail, leading prayer when the Imam is unavailable and mentoring other inmates.
It was determined he had a low risk of reoffending.
Speaking outside court Nozhat's brother, Jamshid Nozhat, said the family were relieved and happy with the result.
Nozhat's Sydney-based lawyer, Javid Faiz, said his client regretted his involvement.
"I believe that people do have the right to a second chance in life," Mr Faiz said.
"He has made a mistake, he's put his hand up and he's pleaded guilty."
Nozhat will be eligible for parole in October.
