A Canberra cafe owner turned high-flying drug dealer is appealing against his convictions, with lawyers arguing the 29-year-old was wrongly made out to be a "dangerous" man.
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In June last year, an ACT Supreme Court jury found Brendan Leigh Baker guilty of 11 drug-related offences, including attempting to import methylone.
Methylone is a synthetic form of MDMA.
Baker's trial centred around a former drug dealer turned police informer, who gave evidence Baker approached him and offered to supply him drugs at a cheap price.
The informer said he and Baker had gone into business together, originally trafficking cannabis before Baker began supplying him MDMA to sell.
The jury heard Baker had purchased drugs off the dark web using Bitcoin and had delivered packages of drugs in a pink Barbie lunchbox.
He was sentenced in September 2019 to a total 13 years in jail, with a non-parole period expiring in April 2025, but on Tuesday he fronted the ACT Court of Appeal.
Baker's barrister, Beth Morrisroe, said his appeal should be successful for a multitude of reasons, including that the jury was presented with "substantially prejudicial" evidence.
She said the jury heard Baker had pressured two men to pay him what he claimed was $230,000 in debt.
Baker allegedly said the money amounted to four "hits", which one of the men took to mean four murders.
The barrister said that evidence should not have been allowed because the jury could have inferred that Baker knew what a "hit" was and how much a murder was worth.
Ms Morrisroe said the evidence could have suggested Baker was a dangerous person who was involved with people who carried out "extreme levels of violence".
Additionally, the barrister said the police informer's evidence had an "overarching theme" of vagueness, generality and inconsistency, so the jury should not have entirely accepted his version of events.
"Ultimately, Your Honours should be left with a lingering doubt [as to] his credibility and his reliability ... [and therefore, a lingering doubt as to] whether an innocent man has been convicted," Ms Morrisroe said.
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Prosecutors argued the "four hits" evidence pertained to the kind of threats people might expect in the drug dealing world and, even if it had been prejudicial, the trial judge ameliorated that with his directions to the jury.
They said the jury was well-placed and informed to assess the police informer's credibility and his evidence stacked up pretty consistently.
Court of Appeal judges said they would decide on the appeal at a later date.
Cassandra Morgan
It has never been more important for Canberrans to be able to access reliable and accurate information about health. As The Canberra Times’ health reporter, I am committed to ensuring our readers have access to this. I, like many in the territory, have family members who work in the sector. Although providing comprehensive coverage on the coronavirus pandemic is obviously my number one priority, I aim to frequently shed light on the fantastic work our frontline professionals do, as well as the challenges they face. Email me tips and story ideas at: c.morgan@canberratimes.com.au.
It has never been more important for Canberrans to be able to access reliable and accurate information about health. As The Canberra Times’ health reporter, I am committed to ensuring our readers have access to this. I, like many in the territory, have family members who work in the sector. Although providing comprehensive coverage on the coronavirus pandemic is obviously my number one priority, I aim to frequently shed light on the fantastic work our frontline professionals do, as well as the challenges they face. Email me tips and story ideas at: c.morgan@canberratimes.com.au.
