Director of Public Prosecutions (Cth) v Mario Rollo (a pseudonym)

IN THE COUNTY COURT OF VICTORIA

Revised

Not Restricted

Suitable for Publication

AT MELBOURNE CRIMINAL JURISDICTION

DIRECTOR OF PUBLIC PROSECUTIONS

(CTH)

MARIO ROLLO (A PSEUDONYM)

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JUDGE:	HIS HONOUR JUDGE GUCCIARDO
WHEREHELD:	Melbourne
DATEOFHEARING:	9 February 2023
DATEOFSENTENCE:	5 May 2023
CASEMAYBECITEDAS:	CDPP v Rollo (a pseudonym)
MEDIUMNEUTRALCITATION:	[2023] VCC 713

REASONS FOR SENTENCE

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Subject: Criminal Law.

Catchwords: Sentence - Jury verdict - Guilty of 1 charge of importing a commercial quantity of a border-controlled drug – Consignment of cowhides from Mexico containing 533.8 kilograms of methamphetamine – Trusted role with significant responsibilities in the criminal enterprise – Circumstantial evidence – High moral culpability – Absence of a prior criminal history in Australia and Mexico – Good prospects of rehabilitation – Covid-19 delay.

Legislation Cited: Commonwealth Criminal Code 1995; Crimes Act 1914.

Cases Cited: DPP (Cth) v Masange [2017] VSCA 204; R v Pham [2015] 256 CLR 550; R v Elfar & Golding [2017] QCA 170; DPP v Maxwell [2013] VSCA 50; Stafford v the King [2022] VSCA 229; DPP v Omar [2019] VSCA 188; R v Kassir [2020]
NSWCCA 88; Shakhanov v The Queen [2019] VSCA 38; Tawfik v The Queen [2021] VSCA 289; Jackson v The Queen [2020] NSWCCA 230; Director of Public Prosecutions (Cth) v Wang [2019] VSCA 250; Law v The Queen [2020] WASCA 196; Tang v The Queen [2020] WASCA 194.

Sentence:Total Effective Sentence of 22 years imprisonment with a non-parole period of 15 years.

APPEARANCES:

Counsel

Solicitors

For the Director of Public Prosecutions

Ms R. Champion

Mr J. Ellis

Office of Public Prosecutions (Cth)

FortheAccused

Mr N. Goodfellow Mr C. Tom

Mr J. Valos

Valos Black & Associates

HIS HONOUR:

1Mario Rollo[1], you were found guilty by jury verdict of importing a commercial quantity of a border-controlled drug, contrary to s307.1 of the Commonwealth Criminal Code 1995. The prosecution case was that you entered into an agreement with other persons to so import such a drug into Australia and the importation of the drug was committed in accordance with that agreement.
[1]A pseudonym

2In respect to that, the prosecution case relied on s11(2A) of the Code. The indictment named Ramon Hernandez[2] and unknown others, as the participants with you in this agreement. The prosecution case was that the agreement was entered into at a time prior to the importation in Australia on 10 August 2019, and that its existence could be inferred from all the facts and circumstances of the case, which by its verdict, the jury accepted. The prosecution relied on a multiplicity of acts and statements of yours, to infer the existence of the agreement.
[2]A pseudonym.

3While not requiring proof that you committed an act in participation in the commission of the joint offence, prosecution case was that you committed a series of acts in furtherance of the agreement. Apart from a very comprehensive and extensive prosecution opening document which was exhibited, these acts are clearly set out in the prosecution response to a request for particulars on the joint commission by the defence dated 22 June 2022, which I will append to these reasons.

4It is clear from the jury verdict, as instructed in trial directions, not only that you and at least another party to the agreement intended that an offence would be committed under the agreement, namely the importation of a border controlled drug, but also that you, and at least one other party to the agreement, have knowledge of, or belief in the existence of the facts, that constitute the conduct, the subject of the agreement and offence, which

includes that you and at least one other party to the agreement, believed or knew that the substance to be imported pursuant to the agreement was or would be a border controlled drug.

5One or more of the parties performed all the acts necessary to commit the offence of importation. The substance was a border-controlled drug and the quantity of the substance imported by the parties was a commercial quantity. The prosecution opening which was exhibited, some forty-two pages, and I will append it to these reasons in its complete form. I do so to provide a broad overview of the circumstances of the offending as originally alleged by the prosecution. However, I have relied on the trial transcript and references to specific pages assisted by both prosecution and defence submissions, in relation to these reasons for sentence.

6Briefly stated, the prosecution case, which the jury must have accepted, was that around 9 August 2019, a consignment of cowhides arrived in Australia by ship from Mexico. Concealed with the consignment, inside a shipping container were 167 packages, containing 533.8 kilograms of methylamphetamine. I should say methamphetamine.

7This is more than 711 times the commercial quantity. The non-pure substance weighed 666.8 kilograms, over half a tonne. It was 80 per cent pure. The methamphetamine was capable of generating 6,000,668 individual points, that is single doses. The wholesale value was between 50,010,000 and 80,016,000. The street level value was probably greater than between
$133,360,000 to $333,340,000 if sold as points.

8You had arrived in Australia on 29 July 2019, not long after the consignment was imported and the drug detected. Your phones were made the subjects of intercept warrants. You were arrested on 28 August 2019. When interviewed, you admitted being involved in the logistics of the consignment entering Australia but denied any knowledge of the drugs. Evidence of your knowledge

was to be inferred from all the circumstances, which in turn, would and did lead to an inference as to the existence of the agreement to import. And to the knowledge or belief that the substance was a drug.

9The jury clearly accepted you had that knowledge and drew the inference from it and from all the circumstances, that the agreement existed. You are a Mexican national and do not hold Australian citizenship. In early May of 2019, you hired, instructed, managed and supervised a Customs agent, Arnold Leo[3], for purposes of the shipment of the container, in order for that agent to ensure the timely and trouble-free departure of the consignment from the port of Manzanillo in Mexico, bound for Australia.
[3]A pseudonym.

10You understood, because of your logistics background and experience, that the Customs agent would hire a freight forwarder which he did, appointing company GZ as freight forwarders. You then directed and provided instructions to GZ. You were involved in the engagement of an international liner shipping company, Hapag-Lloyd, which ultimately shipped the consignment from a warehouse in León in Mexico. At your instructions, the Customs agent obtained quotes from shipping companies. I accept that in all likelihood, each step in this process was communicated to and confirmed by Ramon Hernandez, with whom you were in agreement, but who clearly held a pre-eminent and principal role in the enterprise, as well as unknown others.

11It is clear that your involvement was sought because of your background and experience in logistics and until that expertise proved insufficient and/or ineffective once in Australia in dealing with a consignment, you were the main conduit for information and communication about the consignment's journey into Australia. Ramon Hernandez chose Hapag-Lloyd and that was communicated by you to GZ, to employ that company. These preliminary acts contributed to the physical importation. You provided material to GZ for purposes of insurance which you confirmed in evidence was part of your duties in managing logistics. You were involved in the arrangements to recruit
a person locally in Australia, to lend support to the management and requirements upon arrival.

12That person was a Mexican man who had been working in Melbourne and had some knowledge of logistics and governmental requirements. Carlos Alvarez would, with your participation, eventually, be the applicant for the import permit and be named as the consignee. His involvement was for renumeration which you were also involved in, by way of communication with parties in Mexico at GZ, to direct and urge appropriate payment of Carlos Alvarez who had not been paid at some point for services provided to Cueros Selectos Internacionales, the company which purportedly was the exporter of the consignment.

13You managed and supervised the application for an import permit, and a consequent by a security clearance and release of the consignment by directing Carlos Alvarez to prepare appropriate documentation, or to communicate with authorities in order to remove requirements such as the tanning of the hides in which the drugs were secreted, in order to avoid detection.

14I accept that most of these steps involved communication and confirmation and perhaps advice and direction from Ramon Hernandez, however, you had been sent and you had arrived in this country as the man on the ground, in reliance of your expertise and in a trusted role, to see that the consignment was safely released by the Australian authorities. You had in fact supervised the loading of the shipping container in the León warehouse, which occurred about a week before it departed from Manzanillo, on a ship, the Tokyo Express.

15The jury verdict must reflect that upon the agreement having been formed, you must at this loading stage have known of the presence of the drugs in the pallets of skins as they were loaded onto the container. This was a very

sophisticated, international operation. At the León loading operation, photographs were taken for inclusion in a large report which purported to be an official record showing the pallets, how they were packaged, how they were stored in the container, the nature of the skins and the supervision details as to their weight and state.

16This was a false document designed to lend legitimacy to the enterprise. You were then involved in attempting to source an adequate warehouse in Melbourne, where the container was to be delivered and opened. This you did in conjunction with Mr Carlos Alvarez who was an innocent dupe. The plan was to house the pallets in such a warehouse once extracted from the container, and you would then be involved in the defrosting of the skins, which were frozen during transport and be involved in a purported process of 'grading of the skins'.

17This was a false description of a process enabling access to the imported drugs. These steps did not eventuate because the drug shipment had in effect been identified, seized, and removed before the container was allowed to continue on its way. In your evidence these two later roles of finding an appropriate warehouse and defrosting and grading, you asserted in evidence were given to you once in Australia, irrespective of when they were asked of you. The jury must have found you were aware of their significance because you knew of the consignment's contents.

18Your role was therefore not menial or incidental, or that of a mere hired hand or functionary, but fell within the scope and extent of your agreement. I conclude that although you may not have known of the precise or even approximate weight of the drugs to be imported, that you were aware of the size of the drug importation being large and certainly of a commercial quantity. It is practically impossible and counterproductive in my view to endeavour to define, by categorisation, an offender's role in such an enterprise. What can be found is that you were a trusted individual, assigned significant

responsibilities because of your expertise, with responsibilities to ensure the safe arrival and release of the consignment, to communicate with relevant others in Mexico, to keep the others with whom the agreement had been struck and in particular, with Ramon Hernandez informed, to perform every endeavour to ensure the success of the importation.

19This, therefore, is very serious offending. The end of the importation proper was 13 August 2019, when local authorities took over custody and control of the drugs found in the Australian Border Force facility, when the container was examined. Your involvement predated that time and continued thereafter. The application of expertise in logistics, the awareness of the substantial quantity of the drugs and corresponding significant value, the highly organised and sophisticated nature of the importation, are all matters that demonstrate the gravity of this offending and your high moral culpability for it.

20It is not diminished or mitigated by the fact that at some point, in response to communications from local agents instructed by the Federal Police, to portray that the drugs had been discovered by accident during transportation by third parties, you appeared to be in a quandary and unsure as to how to proceed. Your almost immediate response was to endeavour to organise your departure from Australia. Another of these instances was your deception of Carlos Alvarez, as to your true location at a particularly crucial juncture of time, by telling him that you were in Sydney, when you were in fact in Melbourne.

21These are aspects both of your arrival and this attempt at departure and of the enterprise itself, which appear on one view to be relatively amateurish. You entered Australia by opting for a tourist stream visa, lying on your incoming passenger card, stating you were here to visit family and friends and you made misrepresentations to an Australian Border Force interviewing officer at Sydney Airport. You lied in your visa application in similar terms, even though you sought to explain this entry as reliant on advice from Carlos Alvarez.

22Your booking of flights for departure was similarly amateurish, done under the surveillance of the Australian Federal Police, which you conducted from a balcony of your accommodation. These aspects, as is often the case within complex criminal endeavours, did not measure up to the sophistication of the total enterprise and may be reflective of your dilettante status within some aspects of this foolish endeavour. However, you had lent yourself and your expertise to it. You were aware of the need to shield yourself against potential apprehension by the authorities, irrespective of the effectiveness of your actions and you were motivated by a reward, which is, on the evidence, was to be a not insubstantial reward.

23Evidence by recorded conversations with family members, in which you express realistic hopes that a successful completion would result in an ability to improve the economic fortunes of you and your family and therefore, for others whom you wish to provide by way of a home, vehicles and businesses. You did not occupy a position at the top of any organisational hierarchy, but you were positioned at a high and significant point of reference, on the ground in Australia.

24Your role as to the aftermath of a successful importation, the very least included the access to the drugs, in order that they be made accessible for subsequent dealing, probably by others. I do not conclude that your role would involve further participation in distribution or trafficking proper thereafter. Your involvement spanned a period greater than three months.

25I have given an outline of your role as consistent with the evidence upon trial in order to explain your involvement, in the steps taken to effect the importation and the role which you played. This is relevant in assessing the offending seriousness.1See DPP (Cth) v Masange. I take into account the quantity of the drug in an assessment of the objective seriousness, but that is not to attribute to its primary importance. It is a relevant consideration and

¹ DPP (Cth) v Masange [2017] VSCA 204.

particularly so in a case where the offender is aware of its measure in general terms.

26Your participatory role does not require categorisation, but I do not ascribe to your role, mid-level responsibility.2 See R v Pham [2015] 256 CLR 550 and Masange above.

27This is so especially in a case where the scope and full extent of the enterprise is unlikely to have been fully described, even by the extensive evidence at trial.3 See R v Elfar & Golding [2017] Queensland Court of Appeal 170. Also clearly relevant to objective gravity is the value of the drug as mentioned above4, see DPP v Maxwell [2013] VSCA 50. Your moral culpability is also linked to your anticipated reward. Drugs inflict enormous harm to our community and so this evil endeavour carries high moral culpability.

28These great social consequences and the difficulty and complexity of detection make general deterrence of primary importance in this disposition, signalling that severe and just punishment is the real risk that accompanies the endeavours of like-minded individuals, who undertake such criminal conduct. I will come to your personal circumstances in a moment. As part of the principles to be applied, it must follow that the gravity of the offending diminishes the weight of prior good character, where such significant drug importations are discovered.

29The gravity of this offending is properly reflected in the maximum penalty applicable here; that is life imprisonment.

30You pleaded not guilty and so lost the opportunity for a discount on your sentence as well as the attendant remorse which frequently accompanies that course. You of course were entitled to put the prosecution to its proof and

² R v Pham [2015] 256 CLR 550; ibid [1].
³ R v Elfar & Golding [2017] QCA 170.
⁴ DPP v Maxwell [2013] VSCA 50.

your sentence will not be impacted by that choice. In sentencing you, I am bound to apply the provisions of Part 1B of the Crimes Act 1914 and particularly the provisions of s16A(1) and (2) of the Crimes Act in order to arrive at a disposition appropriate and proportionate properly to all the circumstances of the offence.

31Section 16A (2) sets out a large number of matters which the court must take into account such as are relevant and known to the court. These are a number of the aspects both included in this non-exhaustive list and other relevant factors which I will set out.

32I have dealt with the nature and the circumstances of the offence. I take your personal circumstances, character, age, antecedence, physical and mental conditions, your prospects of rehabilitation and probable effect on your family and dependants into account.

33You are 45 years of age; 42 at the time of the offending. You were born and raised in Tampico, Tamaulipas City on the northeast of Mexico. Your father was a lawyer and your mother was a homemaker. You have an older sister and a younger sister who both live in Monterrey in Mexico. You were raised in a loving, stable and supportive family environment. You have good ongoing relationships with your family.

34In 2004, your father died of cancer and your mother died of a heart attack some six years after. You married 25 years ago to Maria Mendoza and you have three children from that union; a daughter, who is 24, a daughter, who is 20, and a son, who is 13 years old. Your eldest daughter is currently working in real estate and is engaged to be married. Your second daughter is currently studying medicine at University and your son is in high school.

35You completed your secondary education and obtained then a degree in transport engineering in 2001. Thereafter, you worked consistently in the logistics industry including as a team leader at the Altamira Port Terminal and

as a maritime operations manager at Transpack, a global logistics company.

36At the time of your arrest, you were operating Altamira Port Services, a logistics company which offered the cleaning, repair and loading of shipping containers and the LMS Cargo Logistics which provided for transport throughout Mexico.

37You have neither a prior criminal history in Australia nor in Mexico.

38In a period when work for your companies waned, you also took up being a driver of a vehicle for Uber. Some years ago, the two trucks involved in the transport company were stolen and although this impacted on the viability of that company's operations, you received an insurance payout which has enabled your wife and family some measure of financial security, even if limited, in your absence.

39Your family remains in Mexico. You were the main breadwinner and enjoyed a close and loving relationship with each member. Your second daughter gave evidence on your behalf during the trial and expressed the depth of affection which you and your family enjoy. I have little doubt that separation from them will have a significant emotional toll on your family and your absence will cause great emotional distress. Your daughter gave emotional evidence of your support for her and all the family over the sincere friendships and affection you enjoy.

40Your predicament here, I accept, will and has caused some financial pressure upon your family. You were the main breadwinner and I note the letter which your wife provided to the court in which she highlights the economic struggle which your reclusion continues to visit upon your family's household and educational expenses. I accept their financial situation will inevitably be impacted by your absence and I take it into account as a hardship.

41The court received a number of letters which described you and the

relationship in your life. Your wife describes your family as hardworking and honest and you as a hardworking and dedicated worker. She notes the day-to-day struggles to bring up your children. She writes an impassioned letter of the relationship with your children and the impact of your absence. She notes that she is struggling to pay the rent, food and schooling, she sells ladies' handbags and sells desserts to friends.

42Your daughter, sells desserts and biscuits to cover her bus fare to university. Some household items have had to be sold to ensure your daughter had equipment for a medicine course. She writes of past challenges in your marriage and remains hopeful under the circumstances. Your eldest daughter, wrote a letter highlighting that you have, through highs and lows in your marriage, and in the family, dealt with it with your best intention. Your second daughter also wrote on the impact of your imprisonment upon the family, the stress of giving evidence and the difficult times for her mother. Your son, also wrote of his sadness and anguish at your situation and the impact upon him.

43These family references are sad reflections and cannot fail to elicit sympathy. I will take the effect of the sentence upon them into account. In my view, the implications of incarceration upon your family members, while not attracting a significant discount, should attract a very moderate mitigatory value.

44The other sentencing considerations arising from the nature and seriousness of the offending weigh much more heavily. While exceptional hardship is not required to be established, the family hardship here, does not appreciably change the balance in the sentencing synthesis. I consider that your imprisonment will have a deterrent aspect on you because of the impact on your family and consequent impact upon you.

45Other references were received from Andre Castillo[4], a friend of some 30 years. He writes of you as a responsible, respectful and loving father
[4]A pseudonym.

having always been present in the education and life of your children. Danica Sanchez[5] also wrote. As I understand, she was your tax consultant. She knows you to be a serious, responsible man and worthy of her trust. Your doctor wrote to confirm that in 2003, you had testicular cancer for which you received chemotherapy and residual tumour surgery. As of November 2022, you were cleared of further tumours. A letter from the school principal where your young son attends wrote that the family has always been attentive to the children's wellbeing and the last letter was from Ms Padron and she notes your family's unity and work ethic.
[5]A pseudonym.

46I take each of these letters into account. I note that your previous good character and the good reputation to which these letters attest and the love and affection of your family and the consequent mutual deprivation of that, must of necessity, though relevant, take a secondary role in this determination. Although your cancer diagnosis and treatment were raised during your plea, no reliance was placed upon it in effect but it was said that your hypertension is relevant as imprisonment may involve the risk of negative impact on your health.

47Although there were some significant elevated blood pressure occasions ventilated during the trial, since its completion, your medication regime was reviewed and has returned to normal levels. The stress of the trial probably contributed to that situation in combination with the conditions of your remand upon which I will return in a moment.

48Your previous good character, in my view, is relevant to your prospects of rehabilitation. Although the sentence addresses punishment, denunciation and general deterrence as well as community protection, its effect on you specifically will, in my view, ensure that your prospects of rehabilitation are probably good. Upon your release, it is likely that you would be deported to return to your family and country although no doubt subject to a period of transition and adjustment. I assess your prospects of rehabilitation in that
environment also as good.

49The defence submitted that you had suffered an inordinate delay in having this matter finalised and that you had not contributed to this delay. The learned prosecutor conceded during the plea that the delay between arrest and trial can be taken into account given the uncertainty of outcome. The delay was primarily due to the pandemic conditions prevailing. This burden, in my view, must be acknowledged and will be taken into account as appropriate and is not to be ignored simply because you were ultimately found guilty.[6] (see Stafford v the King [2022] VSCA 229).
[6]Stafford v the King [2022] VSCA 229

50This delay was only one part of a number of difficulties which I do take into account.

51The second aspect beyond delay of the prevailing pandemic conditions was that your remand was rendered more difficult in the sense of rendering reclusion a custodial hardship. COVID-19 protocols during your period of remand have rendered detention unusually burdensome. It has entailed periods of isolation, restrictions, periods of quarantine, curtailing of movement and access to areas of the correctional facilities, limits on communications, postponement of educational vocational and psychological programs which alternatively had to be delivered by digital technology where available, lockdowns imposed to safeguard general health. These conditions made worse by the ongoing threat of contagion and infection in the closed prison environment.

52I take these hardships into account.

53Another aspect was that which impacted upon you during the trial which was also because of pandemic conditions, in part. It caused some disruption and the need to obtain evidence and information from the correctional facilities themselves to understand and define the full impact upon you and these issues were ultimately resolved. Not before, however, you had seemingly without an explanation been kept in a quarantined environment for an inordinate period of time, some 58 days, where the usual period was significantly less. I accept this was unusual and most unfortunate. I accept that that kind of restrictive reclusion had an obvious significant effect on you and your health during the running of the trial exacerbating your heart concerns and depriving you visibly of sleep for many long periods.

54Once that matter was brought to the attention of the court, it was remedied but, in my view, the conditions in which you were held during this period were unfairly onerous depriving you of access to air, exercise and proper sleep. On sitting days, you were woken up at about 4 am and you would not return to your cell before 10 pm. The unit was very noisy according to evidence heard from Dr Ryan, a medical officer at the Melbourne Remand Centre, and I accept that this caused you difficulties physically and psychologically. The court was subsequently informed you had been transferred to the Cambridge Unit out of quarantine. I will apportion a modest weight to reflect this custodial experience.

55You have been on remand since August 2019. You have no other friends or relatives in this country. A submission was made concerning what was said to be an added burden of reclusion due to the linguistic cultural and familial isolation. I accept that these factors may make the burden of imprisonment greater than would be normally endured by persons undergoing sentence. These factors may overtime abate as time passes. When the plea was made, you were in a unit-type accommodation. You were said to be well-considered and trusted by prison authorities, your level of English by the end of the trial appeared to have substantially improved, you were no longer in an isolation regime and can receive regular communication with your family.

56Your ability for positive integration is reflected in the many certificates of completion despite restrictions which you have managed to complete. The
court exhibited and took note of these. Such participation is to your credit and will be taken into account and support the evaluation as to your prospects of rehabilitation. They include language classes, workplace safety and furniture making. I apportion to each of these matters some overall weight.

57Your purpose of travelling to Australia was to commit a serious criminal offence. Having made such a deliberate decision, it is reasonable to conclude you had considered and assumed the risk of imprisonment.[7] (see DPP v Omar [2019] VSCA 188).
[7]DPP v Omar [2019] VSCA 188

58I was referred by both prosecution and defence to a large number of cases both as to the principles applicable and as comparable cases. I have read each of them with a view to obtain guidance as to the approach taken and the relevant outcomes. Current sentencing practice is just one factor in the instinctive synthesis involved and although some cases are instructive, the wide spectrum of criminality, the various particular circumstances only really provide a general guidepost, in my view.

59I have in this context reviewed R v Kassir [2020] NSWCCA 88; Shakhanov v The Queen [2019] VSCA 38; Tawfik v The Queen [2021] VSCA 289; Jackson v The Queen [2020] NSWCCA 230; R v Elfar & Golding [2017] QCA 170; Director of Public Prosecutions (Cth) v Wang [2019] VSCA 250; Law v The Queen [2020] WASCA 196; and Tang v The Queen [2020] WASCA 194.

60It should be understood that despite submissions made about decisions in Queensland and Western Australia being related to a sentencing framework somewhat different in approach to Victoria, that the court must take into account current sentencing practices throughout the Commonwealth when sentencing an offender for a federal offence as explained by the High Court in R v Pham [2015] 256 CLR 550. In saying that, I am not agreeing with the submission made about the different approach, which was mentioned in

relation to those two States.

61The relevant comparators in some of the above decisions were the role and skill applied in some cases by the accused to the importation enterprise, their age, quantity of the drug involved, the reward to be gained, awareness of the quantity, antecedent history or lack thereof. There are many aspects of these cases that do not make them useful comparators. From a plea of guilty to the very different quantities, to issues of parity which does not pertain here to assistance provided, again irrelevant in this context. They provide a broad guidance but I was not greatly assisted by them individually, although it is the application of principles which ultimately provides a more important guidepost by reference to these authorities rather than any other mathematical comparison which would be reductive and in error.

62You have spent 1,346 days excluding today in pre-sentence detention and I will have that number noted in the court's records and declared as pre-sentence detention.

63On the charge of importing a commercial quantity of a border-controlled drug, you are convicted and sentenced to 22 years' imprisonment. I order a non-parole period of 15 years.

64Are there any other ancillary orders?

65MS CHAMPION: There's not, Your Honour.

66HIS HONOUR: Thank you. Sine die.

- - -

IN THE COUNTY COURT AT MELBOURNE

IN ITS CRIMINAL JURISDICTION

Indictment No. [omitted]

THE QUEEN

-v-

MARIO ROLLO (A PSEUDONYM)
SUMMARY OF PROSECUTION OPENING FOR TRIAL

Dateof document:

17 December 2020

Filedonbehalfof:

The Commonwealth Director of Public

Prosecutions

Prepared by:

Commonwealth Director of Public Prosecutions

15^th Floor

460 Lonsdale Street

MELBOURNE VIC 3000

Solicitor’s code:

Telephone: (03)

Direct: (03)

Reference:

INTRODUCTION

The accused is Mario ROLLO (DOB [omitted]). He is a Mexican national and does not hold Australian citizenship. His spouse is Maria Mendoza (MENDOZA).¹ At the time of the alleged offending he used international mobile service number [omitted] (the 310 number) and mobile phone service number [omitted] (the 508 number).
Around 9 and 10 August 2019, a consignment of cowhides arrived into Australia by ship from Mexico. An Australian Border Force (ABF) examination revealed that concealed within the consignment were 167 packages containing 533.8 kilograms of methamphetamine.
The accused had arrived into Australia on 29 July 2019. Not long after the consignment was imported, and the methamphetamine detected, a controlled operation was authorized and telephone intercept warrants issued, including on the accused’s 310 and 508 numbers. The accused was arrested on 28 August 2019 and made admissions to being involved in the logistics of the consignment entering Australia.
The prosecution case is that the accused imported the consignment by bringing it into Australia and dealing with it in connection with its importation, namely by supervising, and being involved in, the packaging of the consignment in Mexico; supervising the loading of the consignment into the shipping container in Mexico; being involved in the necessary arrangements for the consignment to be shipped from Mexico to Australia including for its release into Australia; and being present to oversee the arrival of the consignment in

¹ Application for a Visitor Short Stay Visa ([omitted]); ROI Q42.

Australia. The prosecution case is that the accused did not act alone but imported the methamphetamine pursuant to an agreement with other persons.

The prosecution case is that the accused had planned to also be involved in dealing with the methamphetamine after its arrival, and release, into Australia most likely by removing, or overseeing the removal of, the drugs from the cowhides. The prosecution case is that the accused knew that the consignment he was importing contained border controlled drugs.
The consignee of the importation was Carlos Alvarez (ALVAREZ). ALVAREZ migrated to Australia in 2014 under a Skilled Professional Immigration Visa. He has various qualifications including in international marketing and warehouse operations. In 2019 he worked at DHL checking domestic and international parcels and shipments and lived in St Kilda. At the time of the alleged offending he had an ABN.²
ALVAREZ was told the cowhides were being imported in order to be manufactured into rugs which would be stamped ‘Made in Australia’ and then sent back to Mexico for sale. The prosecution case is that ALVAREZ was enlisted by those involved in the illicit importation to be the consignee and also to perform work in connection with the importation and the cowhides which would facilitate its arrival, and release, into Australia as well as give an air of legitimacy to, and thereby conceal, the illegality of the enterprise. The prosecution does not allege that ALVAREZ was criminally involved in the alleged offending.
The consignor of the importation was ‘GZ Royal Partners’ (GZ ROYAL PARTNERS).
GZ ROYAL PARTNERS engaged the services of Bell Transport Logistics Pty Ltd (BTL) in Sydney to assist with the importation. BTL is a licensed Customs broker, an international freight forwarding business and international logistics business. ALVAREZ liaised with both [omitted] and [omitted] from BTL.³
Police seized a Samsung mobile phone from the accused upon arrest. Located on it was, inter alia, numerous images of Whatsapp chat messages depicting conversations between persons involved in the importation.

MAY 2019

In early May, BTL received a business proposal from GZ ROYAL PARTNERS, holding themselves out as a Mexican freight forwarder, regarding a customer who was interested in sending bovine leather from Mexico to Sydney via a full container load.⁴
Between 1 May and 25 May, BTL and GZ ROYAL PARTNERS exchanged numerous emails about the business proposal and documentation required for the importation.⁵
Around 22 May, ALVAREZ saw a Facebook post, by ‘[omitted]’, seeking Latin American speakers in Australia to assist a business. The prosecution case is that this is ‘[omitted]’. ALVAREZ replied and expressed an interest, stating that he is based in

² Statement of Carlos Alvarez (0010), [2], [4], [7].

³ Statement of [omitted] (0001), [5].

⁴ Statement of [omitted] (0001), [5].

⁵ Statement of [omitted] (0001), [6].

Melbourne and has experience in ecommerce, logistics and business. [omitted] asked for his phone number.⁶

Police later located on the accused’s mobile phone an undated image of Facebook Messenger chat from ‘Carlos’ which the prosecution allege is the message from ALVAREZ replying to [omitted] post. The ‘modified date time’ is 24 May 2019 at 6:32pm.⁷
Police also later located on the accused’s mobile phone an undated image of WhatsApp chat between ‘Arnold Leo’, '[omitted]’, ‘[omitted]’ and an unknown participant. The ‘modified date time’ is 24 May 2019 at 7:35pm. The prosecution case is that the unknown participant is the accused. The chat included the following messages:
a.[omitted]:  Please we need to consider that the Data Sheet needs to include the degrees in which the cargo needs to travel and the degrees in which the product needs to be stored have to be specified.
b.[omitted]:  Australia is giving us the details missing in the information we sent to them.
c.     Unknown participant:  Perfect
d.    Unknown participant:  Count on it, I’ll take care of that.
e.[omitted]:  If I receive any other comments I’ll pass them on to you so you can support me with the information.
f.   Unknown participant:  Alright let’s do that.
g.    Arnold Leo:  Thanks [omitted]
h.    Arnold Leo:  Thanks [omitted]
i.Arnold Leo:  If you’d like do not send any originals until everything is ok
j.   Unknown participant:  That’s right⁸
The day after ALVAREZ replied to ‘[omitted]’, [omitted] called him. Amongst other things, [omitted] told ALVAREZ there was a company in Mexico that deals in cowhides; it wanted an Australian manufacturer to process them into rugs; not many companies deal with cowhides in Australia and she could not find a business to help them; the company intended to export cowhides to Australia and the rugs would then be sent back to Mexico where they

⁶ Statement of Carlos Alvarez (0010), [8] – [10]; Screenshot of Facebook Messenger Chat, 0119, p. 60, entry 151.

⁷ Screenshot of Facebook Messenger Chat, 0119, p. 60, entry 151; Images produced through PS35763761001 (0166).

⁸ Image of Whatsapp Chat, 0119, p. 72 - 73, entry 177, message thread with further messages also appears on p. 43, entry 106; Images produced through PS35763761001 (0166).

would fetch a high price because they would be stamped ‘Made in Australia’. She said her English was not good and she required assistance.⁹

After numerous communications between them, ALVAREZ informed [omitted] he could assist. She asked if he could find manufacturers of cow rugs in Australia and requested a quote. In the quote he specified his services which included market research on manufacturing and contacting producers. ALVAREZ told [omitted] he had an ABN.¹⁰
Around 24 May, RAMON called ALVAREZ and asked him about his experience and qualifications. He explained to ALVAREZ the process involving the cowhides and the proposed final product which would sell at luxury department stores.¹¹
On 25 May, GZ ROYAL PARTNERS provided ALVAREZ’s details to BTL as the consignee details for the shipment.¹²
At some stage (date uncertain), GZ ROYAL PARTNERS advised BTL that the consignee was looking to import goods and looking to find a local business who could manufacture the hides into rugs.¹³
About a week after they first spoke, [omitted] contacted ALVAREZ and told him that RAMON had agreed to engage him. She said RAMON was interested that ALVAREZ had an ABN and that ALVAREZ would receive a commission if rugs were manufactured. She said the company was called ‘Cueros Internacionales’ and that RAMON was the owner and her boss.¹⁴ Around this time, [Omitted] told ALVAREZ that ‘Mario’ was the person who knew most about the cowhides and how they prepare the skins.¹⁵ The prosecution case is that ‘Mario’ was a reference to the accused.
Around 28 May, ALVAREZ provided his bank details to the company for remuneration purposes. He also provided two personal references upon request from [omitted].¹⁶
Police later located on the accused’s mobile phone an undated image of WhatsApp chat between ‘[omitted]’ and an unknown participant. The ‘modified date time’ was 28 May 2019 at 11:00pm. The chat included a statement from ‘[omitted]’ that “The ABN that Carlos has would be changed to GST so the imports can be done. He will be contacted today to make this change and apply for the import permit” and “My office will be hand to hand with [Carlos] so no details are missed and everything is ready as soon as possible”.¹⁷
Police also later located on the accused’s mobile phone an undated image of WhatsApp chat between ‘[omitted]’ and an unnamed participant. The ‘modified date time’ is 28 May 2019 at 11:00pm. The prosecution case is that the unknown participant is the accused and that this chat is a discussion about using ALVAREZ as the consignee and the requirement for ALVAREZ to be registered for GST. The relevant messages include the following.

⁹ Statement of Carlos Alvarez (0010), [11].

¹⁰ Statement of Carlos Alvarez (0010), [13] – [15]; ‘Estimate’ (0017).

¹¹ Statement of Carlos Alvarez (0010), [18].

¹² Statement of [omitted] (0001), [7].

¹³ Statement of [omitted] (0001), [8].

¹⁴ Statement of Carlos Alvarez (0010), [16].

¹⁵ Statement of Carlos Alvarez (0010), [17].

¹⁶ Statement of Carlos Alvarez (0010), [20].

¹⁷ Image of Whatsapp Chat, 0119, p. 19 – 20, entry 57; Images produced through PS35763761001 (0166).

a.‘[omitted]’: Ok, hey [Mario] and what did they tell him at Customs? Do you know? What does he/she need to be a receiving party? Or let me ask him

b. Unnamed participant: I think that they are organizing the ‘vat’ [tax]¹⁸
in Australia Sydney

c. Unnamed participant: Ask him
d. Unnamed participant: They will expand his business activity or
something like that

e. Unnamed participant: In fact, in regards to the contract you would
see that with him, to close it already etc. etc.

f.‘[omitted]’: Trading Name of the Company Business Name
RFC [Tax ID]¹⁹
Business Address
? What else

g. ‘[omitted]’ Forwarded
Company Website Ramon’s ID and yours Number of contacts Proof of address please

h. ‘[omitted]’ That’s what he wants
i. Unnamed participant: Ok tell him ‘yes’ in English²⁰

On 30 May, BTL sent ALVAREZ an email about how to apply for an import permit.²¹
ALVAREZ recalls that around the end of May, [omitted] asked him to apply for an import permit and for GST ‘to be added to his ABN’ because RAMON wanted to send some cowhides to Australia as he had some orders for rugs. [omitted] asked ALVAREZ if the company could use his ABN to assist with the importation and nominate him as the consignee. ALVAREZ agreed as he thought it was a good business opportunity.²²
At some stage (date uncertain) GZ ROYAL PARTNERS provided to BTL the ABN for ALVAREZ and advised that they did not want BTL to discuss pricing directly with the consignee.²³

¹⁸ Translator’s note.

¹⁹ Translator’s note.

²⁰ Image of Whatsapp Chat, 0119, p. 66 – 67, entry 167; Images produced through PS35763761001 (0166).

²¹ Statement of Carlos Alvarez (0010), [27].

²² Statement of Carlos Alvarez (0010), [24] – [25]; Screenshot of Whatsapp Chat, 0119, p. 19 – 20,

entry 57.

²³ Statement of [omitted] (0001), [8].

JUNE 2019

In the first week of June, ALVAREZ commenced working for the company Cueros Internacionales. His work included market research about manufacturers that make cowhide rugs in Australia.²⁴
Around the beginning of June, [omitted] told ALVAREZ that the accused was going to travel alone to Australia to assist with the cowhide importations and to be in charge of the quality control of the cowhides. Upon request, ALVAREZ compiled an ‘invitation letter’ for the accused to use in his visa application.²⁵
At some point, [omitted] and RAMON instructed ALVAREZ to invoice ‘GZ Forwarding’ who was responsible for his remuneration. He was told that [omitted] ([omitted]) was in charge of GZ Forwarding.²⁶
On 5 June, ALVAREZ completed the import permit application. He paid the fee and was later reimbursed after sending the receipt to [omitted].²⁷
Police later located on the accused’s mobile phone an undated image of WhatsApp chat between ‘[omitted]’ and an unnamed participant. The ‘modified date time’ is 6 June 2019 at 11:08am. It contains a message from ‘[omitted]’ purportedly depicting a record of payment in US dollars being made to a Commonwealth Bank of Australia account of ALVAREZ on 3 June 2019. The amount appears to be $550. The unnamed participant states the payment is meant to be in Australian dollars and that the unnamed participant will adjust it for the next week. ‘[omitted]’ apologized.²⁸
Police also later located on the accused’s mobile phone an undated image of WhatsApp chat between ‘[omitted]’ and an unknown participant. The ‘modified date time’ is 26 June 2019 at 11:46pm. The chat included the following messages:
a.[omitted]:  Tomorrow I will put together the ‘packing list’ and the ‘declaration packing list’
b.[omitted]:  Hey and the insurance do you do that or do we do that?
c.     Unknown participant:  We do
d.    Unknown participant:  I will send you the policy tomorrow²⁹
During June, [omitted], [omitted], RAMON and BTL were focused on, and waiting for, getting the import permit approved.³⁰

JULY 2019

²⁴ Statement of Carlos Alvarez (0010), [22].

²⁵ Statement of Carlos Alvarez (0010), [28].

²⁶ Statement of Carlos Alvarez (0010), [23]; Screenshot of Whatsapp Chat, 0119, p. 22 – 23, entry 60.

²⁷ Statement of Carlos Alvarez (0010), [27]; ‘Tax invoice/Receipt’ (0022).

²⁸ Image of Whatsapp Chat, 0119, p. 22 – 23, entry 59; Images produced through PS35763761001 (0166).

²⁹ Image of Whatsapp Chat (0119) p. 33, entry 80; Images produced through PS35763761001 (0166).

³⁰ Statement of Carlos Alvarez (0010), [29].

1 July 2019 – 26 July 2019

On 2 July, an ‘Application for a Visitor Short Stay Visa’ in the name of the accused was submitted. The following details were included in the application:
a.    Purpose of stay:  Tourist stream (tourism/visit family or friends)
b.    List all reasons for visiting
Australia:  Tourism
c.     Significant dates on which the
applicant needs to be in Australia: 01/08/2019 – 28/08/2019
d.    Home/mobile phone number:    [omitted]
e.    Spouse/de facto partner:              [omitted]
f.   Planned arrival date:  01/08/2019
g.    Planned final departure date:    28/08/2019
h.    Relationship to contact in Australia: Friend
i.   Contact in Australia’s name:    Carlos Alvarez
j.   Contact in Australia’s address:   [omitted] St Kilda
k.     Applicant’s current employment: Self employed. Organization:   Servicios
Portuarios de Altamira lavado y reparacion de contendedores
l.   A declaration that the applicant understands that the Visitor visa does not permit them to work in Australia.³¹
The prosecution case is that the accused lied in this application so as to conceal the actual purpose for which he was entering the country which was to oversee the importation of the methamphetamine concealed within the consignment and its transport to a warehouse and to subsequently deal with it.
On 2 July, the consignment was shipped. The Hapag-Lloyd Bill of Lading contained, inter alia, the following details:
a.    Shipper:  GZ Royal Partners
b.Consignee:  Carlos Alvarez
[omitted] St Kilda
c.     Port of loading:  Manzanillo, Col (MX).
d.    Port of discharge:  Sydney, NSW.
e.    B/L number:  HLCUME3190654837
f.   Container number:  HLXU 8767618
g.    Description of goods:  18 package, salty bovine skin

³¹ Application for a Visitor Short Stay Visa (0133).

h. Shipped on Board, Date: 02/07/2019
i. Vessel(s) Tokyo Express, Seoul Express³²

Around the beginning of July, [omitted] and RAMON told ALVAREZ the cowhides had been shipped and would take about forty days to arrive. ALVAREZ queried why they had been shipped when a manufacturer had not yet been found and an import permit not yet approved. ALVAREZ was told not to worry and if a manufacturer could not be found they would set up a manufacturing business themselves in Australia.³³
Around 9 or 10 July, ALVAREZ received a draft import permit and forwarded it to [omitted], RAMON and BTL. It stated the cowhides were subject to quarantine and biosecurity inspections. BTL pointed out that the draft stated that cowhides had to be tanned before released. The draft specified the tannery of [omitted] ([omitted]) in Queensland. ALVAREZ notified RAMON, [omitted] and ‘Mario’ (alleged to be the accused) about the requirement for the cowhides to be tanned in Brisbane. After this notification, RAMON contacted ALVAREZ and stated that the cowhides should not be tanned as that would make it impossible to turn them into rugs. ALVAREZ recalls that, as a result, he forwarded an email written by [omitted] to the Department of Agriculture and Water Resources (DAWR) that explained how tanning would ruin the cowhides for this purpose. There was also discussion between ALVAREZ, RAMON and [omitted] about contact being made with [omitted].³⁴
Police later located on the accused’s mobile phone an undated image of WhatsApp chat between ‘Carlos Australia’ and an unknown participant. The ‘modified date time’ is 12 July 2019 at 8:49am. The prosecution case is that this is chat between ALVAREZ and the accused. The chat included the following messages:
a.    Unknown participant:  Carlos good morning.
b.    Unknown participant:  I’m Engineer Mario Rollo.
c.     Unknown participant:  …what we need from you is that the ‘maquilas’
[manufacturing]³⁵ who will work on the rugs, for them to issue a letter/certificate/and/or explanation for us to attach [send]³⁶ to the Australian government, in which [its says]³⁷ the skins will NOT be tanned, as they would not be useful for the final product.

…

d. ‘Carlos Australia’: Hello Mario. Great hearing from you

…

³² Bill of Lading (0002), p. 4.

³³ Statement of Carlos Alvarez (0010), [30].

³⁴ Statement of Carlos Alvarez (0010), [32] – [34]; Email attaching draft permit dated 10/07/2019,

(0031); Email from ‘[omitted]’ to ‘Carlos’ dated 16/07/2019 (0034); Draft import permit (0030).

³⁵ Translator’s note.

³⁶ Translator’s note.

³⁷ Translator’s note.

e.‘Carlos Australia’: Mario. These ‘maquilas’ [manufacturing]³⁸ do not exist in Australia.

f.   Unknown participants:                   Then, who is going to make the rugs?
g.‘Carlos Australia’:  I have been looking for the ‘macquila’ who could help with manufacturing and to date there is nobody who does that.
h.‘Carlos Australia’:  What we are trying to do with Ramon and [omitted] and to find a small manufacturer who could do it but we haven’t found anyone to date.
i.‘Carlos Australia’:  Plan B is for us to set up the ‘maquila’ [manufacturing]
j.‘Carlos Australia’:  That’s why the certificate strategy is not applicable.³⁹

On 12 July, at around lunchtime, [omitted] received a phone call from ‘Carlos’ (alleged to be ALVAREZ) who stated he wanted to bring in cowhides from Mexico. [omitted] said the skins had to be tanned before they could be released from quarantine. [omitted] agreed for ‘Carlos’ to pass his WhatsApp details to his business partner in Mexico.⁴⁰
On 12 July, at 2:01pm, [omitted] received a WhatsApp message from ‘[omitted] from GZ ROYAL PARTNERS MEXICO’. After this, they exchanged emails and WhatsApp messages. As a result, and considering it a potential business opportunity, [omitted] contacted tanneries to see if he could find someone who could tan the quantity of cowhides they were talking about importing.⁴¹
On 15 July, [omitted] told ‘[omitted]’ that his facility was not big enough to tan the quantity of rugs they wanted to import. ‘[omitted]’ asked if [omitted] knew anyone that could help them and proposed that [omitted] could be their contact in Australia.⁴²
On 16 July, [omitted] sent ALVAREZ an email outlining the process that should occur once the consignment arrives which included “When the leather arrives at destination, our quality control personnel need to supervise which piece meets our aesthetic standards to be manufactured as a first quality mat, and which will be processed as a second quality”.⁴³
Police later located on the accused’s mobile phone an undated image of WhatsApp chat between ‘[omitted]’ and an unknown participant. The ‘modified date time’ is 18 July 2019 at 1:10pm. The chat included the following messages:
a. Unknown participant: What did ‘[omitted]’ tell you in the end

³⁸ Translator’s note.

³⁹ Image of Whatsapp Chat (0119), p. 22 – 23, entry 61, the same chat thread with further messages appears to also be on p. 54 – 55 at entry 141; Images produced through PS35763761001 (0166).

⁴⁰ Statement of [omitted] (0090), [6] - [8].

⁴¹ Statement of [omitted] (0090), [10] – [12].

⁴² Statement of [omitted] (0090), [13].

⁴³ Email from ‘[omitted]’ to ‘Carlos’ dated 16/07/2019 (0034).

…

b. Unknown participant: Will he do the rugs or not?
…

c. Unknown participant: We get a warehouse with him there, if he has
no space I will pay for it…
…

d. Unknown participant: Tell him we do the contract without any
problems.
…

e. Unknown participant: And if he needs and advance payment we’ll
send it to him etc. etc.⁴⁴

On 18 July, [omitted] received a WhatsApp message from ‘[omitted]’ stating that the owner of the ‘leathers’ said if [omitted] could find them a warehouse in Sydney and a manufacturer there would be ‘profit’ in it for [omitted].⁴⁵
Around the middle of July, DAWR emailed ALVAREZ stating they required a list of documents to avoid the tanning process. ALVAREZ sent the list to ‘Mario’ (alleged to be the accused) and [omitted]. Around this time, ALVAREZ had more contact with ‘Mario’, mainly on WhatsApp, because he was the one co-ordinating the import and appeared to ALVAREZ to be in charge of the project. ‘Mario’ had been asking ALVAREZ if he had arranged a warehouse and a manufacturer and had spoken to him about the possibility of setting up a manufacturing company in Australia.⁴⁶
A few days later, ALVAREZ received an email from [omitted] which had the documents which DAWR had requested. ALVAREZ submitted the documents to DAWR.⁴⁷
On 25 or 26 July, ALVAREZ authorized BTL to act as the licensed customs broker.⁴⁸ On 26 July 2019, at 8:06am, [omitted] sent an email to ALVAREZ that copied in other parties including the accused. The email referred to the requirement from Australian Customs for BTL to have legal authority to act on behalf of importers.⁴⁹

29 July 2019: Arrival of the accused in Sydney

The accused arrived in Sydney.
At approximately 10:00am, ABF officer [omitted] conducted a baggage examination on the accused at Sydney International Airport. During the examination, the accused stated that his reason for coming to Australia was to visit his friend ‘[omitted]’ in

⁴⁴ See Translator’s note; Screenshot of Whatsapp Chat (0119), p. 33, entry 81, the same chat thread with further messages appears to also be on p. 14 - 15 at entry 46; Images produced through PS35763761001 (0166).

⁴⁵ Statement of [omitted] (0090), [15].

⁴⁶ Statement of Carlos Alvarez (0010), [37].

⁴⁷ Statement of Carlos Alvarez (0010), [38].

⁴⁸ Authority and Acknowledgement of Trading Conditions (0002).

⁴⁹ Email (0035), p. 3 – 4.

Melbourne. He was specifically asked “Are you here for any business reasons?” and he replied “No, just visit my friend”. On his Incoming Passenger Card he declared his intended length of stay as 30 days and further nominated that his main reason for travel was ‘visiting friends and relatives’. ⁵⁰ The prosecution relies on the accused’s representations regarding his reason for travel as lies, designed to conceal his offending and his planned dealing with the methamphetamine.

As part of the ABF examination, the accused handed over his mobile phone. Photographs were taken of images located on it. One image was a Hapag-Lloyd ‘Tracing by Container’ webpage regarding container number HLXU 8767618. Further, the phone contained a contact name and number for ‘[omitted]’. Data from the phone was downloaded. The mobile phone was returned to the accused.⁵¹ Data from the phone included, inter alia:
a.    The ‘quote’ provided by ALVAREZ to [omitted].
b.    A    document    entitled    ‘Packing    List’,    branded    ‘CSI’    (Cueros    Selectos Internacionales) and listing ‘18 pallets’ and their weight.
c.     A draft import permit in the name of ALVAREZ.
d.    A ‘GZ ROYAL PARTNERS’ document containing shipping information and dated 2 July 2019.
e.    What appears to be images of cowhides stacked; being salted, folded and packaged; and situated in pallets.
f.   An image of what appears to be a close up of a shipping container clearly labelled ‘HLXU 876 7618’.
g.    A photograph of an empty shipping container.
h.    A photograph of pallets stacked with goods in a container, alleged by the prosecution to be cowhides.
i.   A video of a cowhide being folded and stacked on a pallet in a factory.
j.   An image of a chat conversation including a participant named “[omitted]”.⁵²

ABF located ‘Hapag-Lloyd’ tracking information on the accused’s mobile phone depicting:
a.    Vessel departed Manzanillo COL (MX), 2 July 2019, Tokyo Express.
b.    Vessel arrived Long Beach, CA, 5 July 2019, Tokyo Express.
c.     Discharged, Long Beach, CA, 6 July 2019, Tokyo Express.
d.    Loaded, Long Beach, CA, 18 July 2019, Seoul Express.
e.    Vessel departed, Long Beach, CA, 18 July 2019, Seoul Express.

⁵⁰ Statement of [omitted] (0173), [7], [15], [29]; Incoming Passenger Card (0174).

⁵¹ Statement of [omitted] (0173); Statement of [omitted] (0187), [4] – [5], [11]; Image of ‘Hapag-Lloyd Tracing by Container’ webpage (0189); Image of contact ‘[omitted]’ (0195); Statement of [omitted] (0130).

⁵² 0131.

f. Vessel arrival, Sydney, NSW, 9 August 2019, 14:00, Seoul Express.⁵³

At 2:36pm, ALVAREZ emailed BTL asking “Accordingly with the import permit draft looks that we will avoid to transfer the cowhides to Brisbane. Are you able to provide a warehouse for 8 – 10 days in Sydney? the engineer Mario Rollo already arrived to Sydney and he will be there to help and work with the hides to get then (sic) ready”. This email was copied to various parties including the accused, [omitted] and ‘[email protected]’ (Cueros Selectos Internacionales).⁵⁴ Prior to this, RAMON had told ALVAREZ that the cowhides had to stay in a warehouse in Sydney for around ten days to start the processing. RAMON told ALVAREZ the hides needed to be taken out of the shipping container and ‘warmed up’, that this process has a window of about 24 – 48 hours and that this is a very important part of the process. RAMON told ALVAREZ that ‘Mario’ (alleged to be the accused) would take care of this process.⁵⁵ At some stage, RAMON also told ALVAREZ that the accused’s role would be quality control and that would involve grading the cow hides.⁵⁶

30 July 2019

At 4:49pm, BTL sent an email to ALVAREZ which copied in various parties including the accused, [omitted] and ‘Cueros Selectos Internacionales’. BTL stated “we should have confirmation from contractor warehouse tomorrow for you”.⁵⁷
At 8:32pm, ALVAREZ sent an email to BTL which copied in the accused, [omitted] and ‘Cueros Selectos Internacionales’. In the email ALVAREZ stated “Regarding the warehouse that is great, looking forward to your feedback”.⁵⁸

31 July 2019

Around 31 July, the accused arrived in Melbourne. He booked a room in an apartment at [omitted], St Kilda ([omitted]) for the period 31 July 2019 to 5 August 2019 through Airbnb.
The accused arrived at the accommodation on 31 July.
That evening, he dined with ALVAREZ. This was the first time they had met. They discussed business during their meal including the process, the permits, the manufacture and the warehouse. The accused told ALVAREZ, inter alia, the following:
a. that part of the quality process was the hides had to be selected and graded into ‘Grade 1’, ‘Grade 2’ and ‘Grade 3’ with Grade 1 being the highest quality;

⁵³ Photo 0190.

⁵⁴ Statement of [omitted] (0001), [9]; Email (0037), p. 5.

⁵⁵ Statement of Carlos Alvarez (0010), [36].

⁵⁶ Committal Transcript, 20.29.

⁵⁷ Email (0035), p. 5.

⁵⁸ Email (0035), p. 6.

b.    that this job (i.e. the selecting and grading of hides) is very important and is part of his duties;⁵⁹
c.     that he would do this process himself and that no one would be helping him to grade the hides;
d.    that it is an easy process and he would do it by looking at each hide individually and placing them into three different piles;
e.    that only the best quality hides will be turned into rugs;
f.   that it was important for this process to happen in Australia because some of the hides might get damaged during transit;
g.    that this process had to take place within the first 24 – 48 hours after the hides had been taken out of the shipping container;
h.    that he wanted to bring the cowhides straight to Melbourne and not use a warehouse in Sydney;
i.   that he is new to the cowhide business and has no previous experience dealing with cowhides;
j.   his areas of expertise is in the shipping process;⁶⁰
k.     he had travelled around the world inspecting and supervising shipments; and
l.   that [omitted] is his cousin and he invited her into the project.⁶¹

At this dinner, the accused demonstrated to ALVAREZ knowledge about different shipping containers and machines used on ships and wharfs.⁶²
At some stage (exact date unknown), the accused told ALVAREZ his chief role was to be in charge of logistics and quality control.⁶³
At some stage, ALVAREZ had been told by RAMON that [omitted] and ‘Mario’ (alleged to be the accused) thought that [omitted] might be able to make the cowhide rugs. RAMON told ALVAREZ that he might have to go to Brisbane to see [omitted] with ‘Mario’ when ‘Mario’ arrived in Australia.⁶⁴

AUGUST 2019

1 August 2019 – 9 August 2019

On 1 August, the occupant and lessee of [omitted], [omitted] ([omitted]), met the accused who had rented the room in his apartment.

⁵⁹ See also Committal Transcript, 21.1.

⁶⁰ See also Committal Transcript, 18.

⁶¹ Statement of Carlos Alvarez (0010), [39] – [43]; Statement of [omitted], [6] – [7];

Committal Transcript, 27 – 28, 48 – 49.

⁶² Statement of Carlos Alvarez (0010), [42].

⁶³ Committal Transcript, 49.

⁶⁴ Statement of Carlos Alvarez (0010), [35].

[omitted] lived there with his girlfriend. During their conversation the accused told [omitted], inter alia, the following:
a.    that he had come to Australia to do business and not to visit his friend as he had advised [omitted] on the Airbnb chat;
b.    he was going to import skins of cows to Australia which were a raw product;
c.     he was intending to treat the skins of cows in Australia so he could stamp it as ‘made in Australia’;
d.    his job was to set up the company in Australia which involved finding a warehouse, buying equipment and hiring employees; and
e.    his stay in Australia was dependent on how long the container coming from Mexico was going to take to clear customs in Australia.⁶⁵

On 2 August, the accused and ALVAREZ travelled to the Yarra Valley to visit what ALVAREZ believed would be a local manufacturer of cowhide rugs. On the way there they discussed how there were not many manufactures of cowhide rugs in Australia. The accused told ALVAREZ that it was an option for them to open up their own manufacturing business in Australia.⁶⁶
Around 2 or 3 August, the accused and [omitted] agreed for the accused to again rent the room for the period 22 August 2019 to 28 August 2019.⁶⁷
On 5 August, [omitted] was contacted by ALVAREZ who asked whether [omitted] had found anyone who could tan the hides. [omitted] said he had not found anyone who could tan that volume. ALVAREZ asked [omitted] to provide a breakdown of machinery they would need to set up a tanning business. [omitted] stated there would be no profit in tanning the hides in Australia. [omitted] did not hear from ALVAREZ or ‘[omitted]’ again after this day.⁶⁸
On 5 August, at 11:00am, the accused ceased his stay at [omitted] apartment. [omitted] recalls that on an occasion during his stay he had gone out to look for warehouses. At some stage prior to his leaving the apartment, he advised [omitted] that he would be travelling to Sydney.⁶⁹
On 6 August, the accused asked to meet with ALVAREZ which they did at ALVAREZ’s house. They discussed looking for a warehouse and how cold the weather was in Melbourne.⁷⁰
On 8 August, the accused told ALVAREZ he had moved into new accommodation which was an Airbnb rental on [omitted] St Kilda. ALVAREZ visited him there. The accused told him he had the place to himself.⁷¹

⁶⁵ Statement of [omitted] (0004), [8] – [9].

⁶⁶ Statement of Carlos Alvarez (0010), [44] – [46].

⁶⁷ Statement of [omitted] (0004), [14].

⁶⁸ Statement of [omitted] (0090), [17] – [19].

⁶⁹ Statement of [omitted] (0004), [13], [15].

⁷⁰ Statement of Carlos Alvarez (0010), [48].

⁷¹ Statement of Carlos Alvarez (0010), [49].

Police later located on the accused’s mobile phone an undated image of WhatsApp chat between ‘Carlos Australia’ and an unknown participant. The ‘modified date time’ is 9 August 2019 at 9:00am. The prosecution case is that the unknown participant is the accused. The chat included the following messages:
a.    Unknown participant:  I had a shower…
b.    Unknown participant:  I even stopped being cold really
c.     Unknown participant:  I saw the warehouse briefly but we will need to
see it physically
d.‘Carlos Australia’:  [Reply to a previous message – You I even stopped being cold really]
Hahaha…that’s true after a shower one adjusts a bit
e.    ‘Carlos Australia’:  [Reply to a previous message – You
I saw the warehouse briefly but we will need to see it physically]
Yes exactly
f.‘Carlos Australia’:  Mate…I just saw that this is going to be the coldest weekend this winter in Victoria [emoticon]
g.    ‘Carlos Australia’:  Get ready my man
h.    Unknown participant:  Don’t be a dick
i.   Unknown participant:  Fuck that⁷²
On 9 August, ALVAREZ received a second draft import permit from DAWR. ALVAREZ forwarded it to [omitted], ‘Mario’ (alleged to be the accused) and BTL for their approval. Around this time, [omitted] and the accused were rushing ALVAREZ to get the permit issued.⁷³
On 9 August, the accused and ALVAREZ inspected two warehouses. ALVAREZ forwarded RAMON information regarding the price. The accused was still staying at the Waterloo Crescent Airbnb accommodation.⁷⁴

10 August 2019: Importation of the consignment of cowhides

At around 9:00am, the consignment (in shipping container HLXU 8767618) arrived into the Patricks Terminal in Sydney, Australia on-board vessel MV Seoul Express⁷⁵ (CHARGE 1: Importation of a commercial quantity of a border controlled drug).

⁷² Image of Whatsapp Chat (0119), p. 38 - 39, entry 92; Images produced through PS35763761001 (0166).

⁷³ Statement of Carlos Alvarez (0010), [50] – [51].

⁷⁴ Statement of Carlos Alvarez (0010), [64].

⁷⁵ Statement of [omitted] (0196), [5].

11 August 2019 – 12 August 2019

On 11 August, around 12:42pm, the consignment was discharged off the vessel to Patricks Terminal Sydney.⁷⁶
On 11 August, the accused and ALVAREZ went out for a meal.⁷⁷
Police later located on the accused’s mobile phone an undated image of WhatsApp chat between ‘[omitted]’ and an unknown participant. The ‘modified date time’ is 12 August 2019 at 10:42am. The prosecution case is that this chat occurred after the consignment arrived and prior to the import permit being approved. The chat included the following messages:
a.    Unknown participant:  Hey do you know anything about the container
or what’s happening
b.[omitted]:  It arrived on the 9, it has to be available for the office to do the revalidation on Monday
c.     Unknown participant:  Alright keep me informed ‘pls’
d.[omitted]:  In relation to the permits according to [omitted] all documents were submitted already
e.[omitted]:  Well according to the people at DAWR everything is ok⁷⁸
On 12 August 2019, at about 1:10pm, Border Force Officer [omitted] cut the seal on container HLXU 876 7618 with Ocean Bill of Lading HLCUME3190654837 and took a number of photographs.⁷⁹
A few days after the accused and ALVAREZ inspected the warehouses, RAMON replied that it was very expensive and instructed ALVAREZ to locate a smaller warehouse and a shorter term lease for around three months duration.⁸⁰

13 August 2019: ABF examination of the consignment

ABF examined the consignment. Whilst deconstructing the cowhides, ABF came across a number of packages wrapped in foil and plastic containing a white crystal like substance. ABF Officer [omitted] observed such a package that had been wrapped inside a hide. Photos taken by ABF also indicate hides wrapped around substances. Presumptive tests on samples of the crystalline substance indicated the presence of methamphetamine.⁸¹

⁷⁶ Statement of [omitted] (0196), [5].

⁷⁷ Statement of Carlos Alvarez (0010), [66].

⁷⁸ Image of Whatsapp Chat (0119) p. 19, entry 56; Images produced through PS35763761001 (0166).

⁷⁹ Statement of [omitted] (dated 08/12/2020) and photos.

⁸⁰ Statement of Carlos Alvarez (0010), [65].

⁸¹ Statement of [omitted] (0111); Statement of [omitted] (0128); Statement of [omitted] (0124); Statement of [omitted] (0101); Statement of [omitted] (0103); Statement [omitted] (0107); Statement of [omitted] (0114); Photos (0125).

13 August 2019: Forensic examination of the consignment

The import permit was issued to ALVAREZ for untanned hides and skins.⁸²
[omitted] told ALVAREZ that BTL were requesting about $54,000 as a guarantee or bond which would be used in the event contamination was found which could result in the consignment being treated, incinerated or released. RAMON called ALVAREZ and said the cowhides could be sent to the USA if they did not pass Customs in Australia. ALVAREZ spoke with the accused about it. The accused said if the cowhides did not make it through Customs he wanted the container sent back to Mexico rather than have them destroyed. The accused further stated that he wanted the cowhides sent to China or Hong Kong because it will be easy to find a manufacturer there to finish the cowhides into rugs.⁸³
Around this time, BTL told ALVAREZ the cowhides could possibly be cleared to enter if a document could be provided from the Mexican government that the hides were safe. ALVAREZ communicated this to RAMON, ‘Mario’ (alleged to be the accused) and [omitted] on WhatsApp and emails. As a result, [omitted] provided documents to ALVAREZ who forwarded them to BTL.⁸⁴
On 13 and 14 August, a forensic examination of 167 packages⁸⁵ found within container HLXU 8767618 was conducted. Each of the packages consisted of layers of foil, clear adhesive tape and clear plastic containing a white crystalline material. Samples of the crystalline substances were taken and tests confirmed the presence of methamphetamine. The minimum net weight of crystalline material was 666.8 kilograms. The minimum mean purity of methamphetamine was 80.0%. The minimum total pure weight of methamphetamine located was 533.8 kilograms. A commercial quantity of methamphetamine, as a border controlled drug, is 0.75 kilograms.⁸⁶

14 August 2019: Controlled Operation authorized and telephone intercept warrants issued

A controlled operation was authorised.
At approximately 3:00pm, telecommunications service warrants were issued in relation to the 310 number and ALVAREZ’s mobile phone.⁸⁷
BTL sent an email to ALVAREZ which copied in other parties including the accused. The email discussed a declaration regarding the treatment of the skins prior to shipping needing to be on an official government certificate as per the import permit.⁸⁸

Thursday 15 August 2019

⁸² Import permit (0041).

⁸³ Statement of Carlos Alvarez (0010), [52] – [54].

⁸⁴ Statement of Carlos Alvarez (0010), [56] – [57].

⁸⁵ Photo 001 (0154).

⁸⁶ Statement of [omitted] (0153); Summary Court Report of [omitted] (0153).

⁸⁷ Telecommunications Service Warrants (0064).

⁸⁸ Email (0046).

ALVAREZ received an email from GZ ROYAL PARTNERS attaching a ‘Container Loading Supervision’ document.⁸⁹ The document contains several photographs including those that depict the following:
a.    Unfolded skins.⁹⁰
b.    The accused weighing folded skins and taking notes.⁹¹
c.     The folding of skins and their placement into white bags.⁹²
d.    Stacking of folded skins.⁹³
e.    Folded skins getting packed into white bags.⁹⁴
f.   The accused present for, and watching, the loading of goods into a truck.⁹⁵
g.    Photos of a shipping container labelled ‘HLXU 876 761 8’ and ‘Hapag-lloyd’.⁹⁶

One photo in particular from the ‘Container Loading Supervision’ document depicts what appears to be the container with the consignment loaded:⁹⁷

One of the photographs taken by Border Force Officer [Omitted] on 12 August 2019, when the container was opened in Australia, included the following:⁹⁸

⁸⁹ Statement of Carlos Alvarez (0010), [58].

⁹⁰ Container Loading Supervision Report (0045), p. 19, 20 – 22.

⁹¹ Container Loading Supervision Report (0045), p. 102.

⁹² Container Loading Supervision Report (0045), p. 19 – 22.

⁹³ Container Loading Supervision Report (0045), p. 22.

⁹⁴ Container Loading Supervision Report (0045), p. 26 – 27.

⁹⁵ Container Loading Supervision Report (0045), p. 1, 90.

⁹⁶ Container Loading Supervision Report (0045), p. 84, 85, 91, 95.

⁹⁷ Container Loading Supervision Report (0045), p. 1.

⁹⁸ Statement of [omitted] (dated 08/12/2020) and photos.

Due to the striking likeness between the two images, the prosecution case is that the methamphetamine was secreted within the consignment on the occasion that the accused was present as depicted in the Container Loading Supervision document. The accused later admitted in a ROI to being present when some hides were folded and placed into pallets. He further admitted he was present when the container was closed and sealed.
Police later located on the accused’s mobile phone an undated image of WhatsApp chat between ‘Carlos Australia’ and an unknown participant. The ‘modified date time’ is 15 August 2019 at 11:41am. The prosecution case is that these messages were exchanged in response to the belief that the consignment could be destroyed if it did not clear Customs. The chat included the following messages:
a.Carlos Australia:  I believe that once the inspectors have the skins, if they find anything they would incinerate without asking for consent and without a return option. Well that is what I believe.
b.    Unknown participant:  Is that right?
c.     Unknown participant:  So they wouldn’t give a fuck?
d.    Carlos Australia:  I believe so bro
e.    Unknown participant:  That’s fucked
f.Carlos Australia:  I reckon they consider it a bioenvironmental threat and they don’t beat around the bush…
…
g.    Carlos Australia:  Who are you looking into all of this with?
h.    Unknown participant:  With [omitted] and [omitted]
…
i.Carlos Australia:  From what I can tell there’s no room to move. Hopefully they have the resources to solve this.
j.   Unknown participant:  Yes we are on it⁹⁹

At 11:43am, MENDOZA called the accused on the 310 number. The accused told his wife “we are going to send the container back”. He also said “I’m going to look for a flight now” and “I’m going to change the flight”. They discussed that he had the flight until the ‘twenty- eighth’. MENDOZA said “Well, they lost money but not the merchandise”. The accused replied “…now we’ll have to see how the return goes”. MENDOZA asked “you can come back right?”. The accused re-iterated he would change the flight.¹⁰⁰
At 12:20pm, MENDOZA called the accused on the 310 number. The accused said he needed her help because he had called the airline in Mexico and was on the phone with his other mobile but ran out of credit. He referred to his ticket and return flight. He said “…the name – they put Mario Rollo…”.¹⁰¹ The prosecution case is that the accused is attempting to book a flight quickly home because he believes the consignment might be inspected and the methamphetamine discovered.¹⁰²
At 12:39pm, MENDOZA called the accused on the 310 number. The accused said “Now, for now, just get them to do the name change – to the correct name. And nothing – no other change until I let you know…And if they request payment for the change or whatever…give them the card – and just let me know…And don’t reserve anything – don’t do any changes until I let you know, because [omitted] just called me…We’re checking…we’re looking into sending it to Hong Kong”.¹⁰³ The prosecution case is that the accused has spoken to others involved in the importation and discussed the possibility of sending it to Hong Kong to avoid its being inspected in Australia and the methamphetamine discovered.¹⁰⁴
Police later located on the accused’s mobile phone an undated image of WhatsApp chat between various participants including ‘[omitted]’, ‘Tere Word Wide’, ‘[omitted]’ and an unknown participant. The ‘modified date time’ of the image is 15 August 2019 at 1:54pm. The chat group appears to be labelled ‘Australia Team’. The prosecution case is that the unknown participant is the accused. The chat included the following messages:
a. Tere Word Wide: Hi Mario Rollo, good morning
Please pass us the details for the consignee in Hong Kong so our office gets in touch with them immediately and we check everything together from the start
b. Tere Word Wide: [omitted]

⁹⁹ Image of Whatsapp Chat (0119) p. 64, entry 162; Images produced through PS35763761001 (0166).

¹⁰⁰ TI2072 (CSN 30).

¹⁰¹ TI2073 (CSN 35).

¹⁰² TI2073 (CSN 35).

¹⁰³ TI2074 (CSN 38).

¹⁰⁴ TI2074 (CSN 38).

c.     Tere Word Wide:  You need to talk to [omitted]
d.    Tere Word Wide:  I think they managed to negotiate
e.    [omitted]:  That’s what I’m up to
f.   [omitted]:  Give me a few minutes
g.    Unknown participant:  Let us know pls
h.    [omitted]:  It looks like we achieved something
i.   [omitted]:  [Emoticons]
j.   [omitted]:  If you achieve it
k.     Unknown participant:  In any case let’s check ‘hkg’ pls with and
without importer¹⁰⁵

Police later located on the accused’s mobile phone an undated image of WhatsApp chat between ‘Australia Team’ including ‘[omitted]’, ‘[omitted]’ and an unknown participant. The ‘modified date image’ is 15 August 2019 at 1:54pm. The prosecution case is that the unknown participant is the accused and these messages were sent in response to the belief that the consignment could be destroyed if it did not clear Customs. The chat included the following messages:
a.    Unknown participant:  [omitted], as per our telephone conversation,
please check what’s required to return the container to origin
b.    Unknown participant:  [omitted] please try to check the possibility to
send it to Hong Kong but please check ‘riquismos’ [sic] [requirements]¹⁰⁶ very well please, not to have these type of situations [happen]¹⁰⁷
c.     [omitted]:  Noted, I’ll check
d.    [omitted]:  Do you have an importer in ‘hkg’
e.    Unknown participant:  Yep
f.   Unknown participant:  Check requirements and everything please
…
g.[omitted]:  We need to check the legislation in that country
h.    Unknown participant:  Check it out well please the advantage we
have is that it’s open for sale of that type of

“When was [the] agreement formed?”

7. A precise date of the formation of the agreement is not alleged.
8. The prosecution case is that the agreement was entered into at a time prior to the following events:

Particular	Depositions	Summary of Prosecution Opening for Trial
The publishing of a social media post by [Omitted] looking for a person in Australia to assist a company to do business. This event occurred on or around 16 May 2019.	- Image of social media chat on accused’s mobile phone on 16 May 2019 at 2:05am (p. 1081, entry 107; Statement of Agreed Facts).	[13] – [14].
The engagement of the freight forwarder ‘GZ Royal Partners’ in connection with the importation. This event occurred on or around 1 May 2019.	- Statement of [Omitted] (dated 10/09/2019), [5] – [6], p. 533.	[11] – [12].
The communication from [Omitted] to Carlos Alvarez that the accused was going to travel alone to Australia to assist with the cow hide importations and to be in charge of the quality control of the cowhides. This occurred on or before 5 June 2019.	- Statement of Carlos Alvarez (p. 64, [28]). - Letter of Invitation written by Carlos Alvarez and dated 5 June 2019 (p. 41).	[29].

The export from Mexico of the consignment of cowhides in Hapag-Lloyd shipping container [Omitted]. This event occurred on or around 2 July 2019.	- Hapag-Lloyd Bill of Lading (p. 539).	[37].
The submission of an Application for a Visitor Short Stay Visa by the accused. This event occurred on 2 July 2019.	- Application for a Visitor Short Stay Visa (p. 23).	[35] – [36].

“How was the agreement formed?”

9. The prosecution does not allege how the agreement was formed.
10. The existence of the agreement is inferred from all the facts and circumstances of the case. These include (but are not limited to):

Particular	Depositions	Summary of Prosecution Opening for Trial
The importation into Australia, on or around 10 August 2019, of a very large, and highly valuable, quantity of border controlled drugs.	- Hapag-Lloyd Bill of Lading (p. 539). - Statement of [Omitted] (p. 1689). - Summary Court Report of [Omitted], (p. 690). - Summary Court Report of [Omitted], (p. 773). - Photograph of border controlled drugs (p. 667). - Statement of [Omitted] (p. 846).	[37], [73], [79], [83].
The accused knew Ramon Hernandez from, at least, March or April 2019.	- Record of Interview (ROI) Q/A 172.
Ramon Hernandez hired the accused. The accused and Ramon Hernandez were working together.	- ROI Q/A 111, 118, 131, 172. - Statement of Carlos Alvarez (p. 67 [42]). - Telephone Intercept A12119 (CSN 586).	[127].
The communication from [Omitted] to Carlos Alvarez, on or before 5 June 2019, that the accused was going to travel alone to Australia to assist with the cow hide importations and to be in charge of the quality control of the cowhides.	- Statement of Carlos Alvarez (p. 64, [28]). - Letter of Invitation written by Carlos Alvarez and dated 5 June 2019 (p. 41).	[29].

The accused’s presence at, and participation in, the loading of the consignment (containing border controlled drugs) into the Hapag-Lloyd shipping container ([Omitted]) in Mexico around 2 July 2019.	- ROI Q/A 246 – 247, 266. - Container Loading Supervision document (p. 276, 359, 364, 365, 366, 371). - Statement of [Omitted] (dated 08/12/2020) (p. 1695, [5]). - Photograph taken by [Omitted]of consignment in shipping container (p. 1696).	[87] – [90].
Statements by the accused in the ROI to the effect that he saw the shipment (prior to export from Mexico) but only after it was already in the pallets.	- ROI Q/A 118, 131, 236.
Statements by the accused in the ROI to the effect that all he saw were about six to eight cowhides get folded and placed into pallets.	- ROI Q/A 236, 246 – 258, 259.
Whatsapp messages from [Omitted] to [Omitted], sent between 25 June 2019 and 4 July 2019, stating that the shipper will travel to Australia to meet [Omitted] and receive the cargo, and, that the shipper will go to Sydney and he is coordinated with [Omitted].	- Whatsapp messages from [Omitted] to [Omitted] sent between 25 June 2019 and 4 July 2019.
Carlos Alvarez’s representation to the accused, on or around 12 July 2019, that Ramon was trying to find a small manufacturer to make the rugs.	- Image of Whatsapp Chat on accused’s phone on 12 July 2019 at 8:49am (p. 1060, entry 61; Statement of Agreed Facts).	[40].
Ramon called Carlos Alvarez, on or around 9 July 2019 or 10 July 2019, and said the cowhides should not be tanned.	- Statement of Carlos Alvarez (p. 65 [34]).	[39].
The accused instructed Carlos Alvarez, on or around 12 July 2019, to obtain documentation to provide to	- Image of Whatsapp Chat on accused’s phone on 12 July 2019 at 8:49am (p. 1060, entry 61; Statement of Agreed Facts).	[40].

the Australian government that explains the cowhides must not be tanned.
[Omitted] email to [Omitted], on 12 July 2019 at 3:58pm, stating that the bovine leather cannot be tanned.	- Email from [Omitted] to [Omitted] on 12 July 2022 at 3:58pm.
The email from Carlos Alvarez to [Omitted], on 10 July 2019, that the engineer will be at the warehouse to prepare/treat the skins, that this needs to be done as soon as possible once the goods arrive and that he will need 8 – 10 days to get the job done.	- Email from Carlos Alvarez to [Omitted] dated 10 July 2019 at 3:35pm (p. 1876).
The email from Carlos Alvarez to [Omitted], on 29 July 2019, asking if [Omitted] can provide a warehouse for 8 – 10 days and stating that the engineer Mario Rollo already arrived to Sydney and will be there to help and work the hides to get them ready.	- Email from Carlos Alvarez to [Omitted], copying in the accused, dated 29 July 2019 at 2:37pm (p. 1875 – 1876).	[54].
The email from [Omitted] to Carlos Alvarez on 16 July 2019 at 11:25am, and, the email from Carlos Alvarez to [Omitted] on 16 July 2019 at 12:07pm which both state that when the leather arrives the quality control personnel need to supervise which piece meets the aesthetic standards.	- Email from [Omitted] to Carlos Alvarez on 16 July 2019 at 11:25am. - Email from Carlos Alvarez to [Omitted] on 16 July 2019 at 12:07pm.	[44].
Ramon Hernandez’s statements to Alvarez that ‘Mario’ would take care of the process of ‘warming up’ the hides after removal from the shipping container, and, that Mario’s role would be quality control which would involve grading the hides.	- Statement of Carlos Alvarez (p. 66 [36]). - Committal (Carlos Alvarez), p. 502.29 – 502.31.	[54].

The accused’s statements to Carlos Alvarez that his duties involved selecting and grading the hides; that he would do this himself and that this would occur within the first 24 – 48 hours after removal of the hides from the shipping container.	- Statement of Carlos Alvarez (p. 66 [39] – [40]; p. 67 [41]; p. 74 [85]).	[59], [129].
The accused’s statement to Carlos Alvarez that his chief role was to be in charge of logistics and quality control.	- Committal (Carlos Alvarez), p. 531.25 – 531.30.	[61].
The accused’s statement in the ROI that when the cowhides got to Australia he was going to check the hides including measuring the sizes.	- ROI Q/A 229 – 230.
Ramon Hernandez’s statement to Carlos Alvarez that [Omitted] and [Omitted] thought that [Omitted] might be able to make the cowhide rugs.	- Statement of Carlos Alvarez (p. 65 [35]).	[62].
Ramon Hernandez’s statement to Carlos Alvarez that he (Carlos Alvarez) might have to go to Brisbane to see [Omitted] with ‘Mario’ when ‘Mario’ arrived in Australia.	- Statement of Carlos Alvarez (p. 65 [35]).	[62].
The accused, on 9 August 2019, inspected two warehouses for the consignment.	- Statement of Carlos Alvarez (p. 71 [64]).	[72].
Ramon Hernandez’s statement to Carlos Alvarez, on or around 13 August 2019, that if the cowhides did not make it through Customs they could be sent to the USA.	- Statement of Carlos Alvarez (p. 69 [53]).	[81].

The accused’s statements to Carlos Alvarez, on or around 13 August 2019, that if the cowhides did not make it through Customs he wanted the container sent back to Mexico, rather than the cowhides being destroyed, or sent to China or Hong Kong.	- Statement of Carlos Alvarez (p. 69 [54]).	[81].
The accused’s statement to his wife, on 15 August 2019, that “we” are going to send the container back.	- Telephone Intercept TIA12114 (CSN 30). - Telephone Intercept TIA12114 (CSN 35).	[92] – [93].
On 15 August 2019 and 16 August 2019, the accused wanted to book a flight quickly to return to Mexico.	- Telephone Intercept TIA12114 (CSN 30). - Telephone Intercept TIA12114 (CSN 35). - Telephone Intercept TIA12114 (CSN 74).	[92] – [93], [100].
The accused’s statement to his wife, on 15 August 2019, that “we’re” looking into sending it [the container] to Hong Kong.	- Telephone Intercept TIA12114 (CSN 38).	[94].
The accused’s interest, on or around 15 August 2019, in sending the container to Hong Kong.	- Image of Whatsapp Chat on accused’s phone on 15 August 2019 at 1:54pm (p. 1048, entry 37; Statement of Agreed Facts). - Image of Whatsapp chat on accused’s mobile phone on 15 August 2019 at 1:54pm (p. 1113 - 1114, entry 188; Statement of Agreed Facts).	[95] – [96].
The accused told Carlos Alvarez, on or around 16 August 2019, to look for warehouses, for the cowhides, around 700sqm.	- Statement of Carlos Alvarez (p. 70 [63]).	[105].
[Omitted] (Ramon Hernandez) questioning of [Omitted], on or around 16 August 2019, as to how the government requirement for mandatory inspection of the consignment was so quickly removed.	- Telephone Intercept A12113 (CSN 50).	[99].

The accused’s suspicion, on 16 August 2019, surrounding the removal of the government requirement of an inspection of the consignment.	- Telephone Intercept A12114 (CSN 74). - Telephone Intercept A12113 (CSN 54).	[100], [101].
The accused told Carlos Alvarez, on or around 16 August 2019, that he had been speaking to ‘Ramon’ and thought that ‘Ramon’ would want the container to be sent back because the (customs) clearance was approved so quickly.	- Statement of Carlos Alvarez (p. 70 [60]).	[103].
The accused’s pretense to Carlos Alvarez, on or around 21 August 2019 to 28 August 2019, that he was in Sydney.	- Statement of Carlos Alvarez (p. 71 [67]; p. 72 [71] – [72]). - Telephone Intercept A12119 (CSN 149). - Surveillance of accused in St Kilda on 23 August 2019 (p. 1481). - Statement of [Omitted] (p. 595 [16]). - Telephone Intercept A12119 (CSN 322). - Telephone Intercept A12114 (CSN 323). - Surveillance of accused in St Kilda on 26 August 2019 (p. 1485). - Telephone Intercept A12114 (CSN 380). - Surveillance of accused in St Kilda on 28 August 2019 (p. 1489). - ROI Q/A 184 – 187.	[98], [113](a), [113](c), [113](e), [113](f), [116], [117], [118] – [119], [121], [125], [126], [147].
The accused, on or around 21 August 2019, had spoken with Ramon about warehouses in Melbourne.	- Telephone Intercept A12119 (CSN 149).	[113](b).
The accused, on 21 August 2019, was seeking a remotely located warehouse.	- Telephone Intercept A12119 (CSN 149). - ROI Q/A 230.	[113](c).

The accused on several occasions, between around 21 August 2019 and 26 August 2019, directed Carlos Alvarez in relation to finding a warehouse.	- Telephone Intercept A12119 (CSN 149). - Telephone Intercept A12119 (CSN 322). - Statement of Carlos Alvarez (p. 73 [80]). - Telephone Intercept A12119 (CSN 586).	[113](b) – [113](f), [118], [123], [127].
The accused, on 22 August 2019 and 27 August 2019, was anticipating the receipt of a significant quantum of money.	- Telephone Intercept A12114 (CSN 258). - Telephone Intercept A12114 (CSN 414). - Telephone Intercept A12114 (CSN 418).	[115], [133], [136].
The accused, on 23 August 2019 and 26 August 2019, was planning the use of a forklift and/or pallet jack in connection with the consignment.	- Telephone Intercept A12119 (CSN 322). - Telephone Intercept A12119 (CSN 586).	[118], [127].
The accused, on 26 August 2019, was planning on staying in Melbourne for another 20 days or a month.	- Statement of [Omitted] (p. 595, [18]). - Telephone Intercept A12114 (CSN 380). - Beatles Book entry displaying dates 5 September to 10 September and 12 September to 17 September.	[124], [126].
The accused’s direction to Carlos Alvarez, on 26 August 2019, to tell Ramon how much the warehouse and a forklift and ‘whatever else’ will cost, and, to tell Ramon that he had spoken with the accused about it and/or to send an email to [Omitted] (Ramon) and CC the accused in.	- Telephone Intercept A12119 (CSN 586).	[127].
Around 27 August 2019, the accused and Ramon approved the rental of a warehouse in Altona.	- Statement of Carlos Alvarez (p. 74 [86]).	[130].

Around 27 August 2019, the accused told Carlos Alvarez that he would ask Ramon for money to cover 6 months of rental of the warehouse.	- Statement of Carlos Alvarez (p. 74 [86]).	[130].
On 27 August 2019, Ramon told Carlos Alvarez that it was a bad decision to delay the rental of the warehouse.	- Telephone Intercept A12119 (CSN 694).	[137].
On 27 August 2019, the accused told Carlos Alvarez that he would put pressure on for the money (for the warehouse).	- Telephone Intercept A12119 (CSN 694).	[137].
On 27 August 2019, the accused wanted confirmation of whether the consignment was ‘outside customs’, and, whether it was separated from the container.	- Telephone Intercept A12119 (CSN 694).	[137].
On 28 August 2019, when Carlos Alvarez told him that the driver of the truck had found drugs in the container, the accused said he would call [Omitted] (Ramon) to see what was happening.	- Telephone Intercept A12119 (CSN 763).	[143].
On 28 August 2019, the accused spoke with Ramon after Carlos Alvarez told him that it was reported that drugs were in the consignment.	- ROI Q/A 191.
On 28 August 2019, some time after ‘[Omitted]’ had called Carlos Alvarez to say that drugs had been found in the consignment, Ramon called Carlos Alvarez and wanted to know everything that had happened.	- Statement of Carlos Alvarez (p. 76 [101]).	[145].

On 28 August 2019 at 9:37am Carlos Alvarez left a message on ‘[Omitted]’ phone. At 9:46am, he spoke to ‘[Omitted]’. In both calls he said that the owner of the goods said it is salt. It is alleged that Carlos Alvarez is describing ‘Ramon’ as the owner of the goods.	- Statement of Carlos Alvarez (p.76 [101]). - Telephone Intercept A12113 (CSN 01232-001). - Telephone Intercept TI2108 (CSN 1234).	[146], [148].
On 28 August 2019, after Carlos Alvarez forwarded both a photo of the purported drugs and a recording of the conversation he had just had with ‘[Omitted]’ to Ramon, Ramon called Carlos Alvarez asking for news about the container. Ramon was worried that ‘[Omitted]’ and ‘[Omitted]’ would kidnap the container and wanted to know where the container was.	- Statement of Carlos Alvarez (p. 77 [104] – [105]).	[150].
On 28 August 2019, Ramon asked Carlos Alvarez to call ‘[Omitted]’ and ask him what he wants.	- Statement of Carlos Alvarez (p. 77 [106]).	[151].
On 28 August 2019, Carlos Alvarez and the accused arranged for the accused to speak with ‘[Omitted]’. Contact was made between ‘[Omitted]’ and the accused.	- Statement of Carlos Alvarez (p. 77 [107] – [110]). - Telephone Intercept A12119 (CSN 00776-001). - Telephone Intercept A12119 (CSN 0078-001).	[151], [156], [158], [160].
On 28 August 2019, at 10:19am, the accused booked a flight to depart Australia that same day.	- Surveillance of the accused on 28 August 2019 (p. 1492 – 1493). - Statement of [Omitted] (p. 745 – 750). - Statement of [Omitted] (p. 754 – 755).	[153] – [154].
On 28 August 2019, at 12:15pm, when Carlos Alvarez proposed not talking to ‘[Omitted]’ or ‘[Omitted]’ and to wait instead to find out where the container is, the accused told him he (the accused) would make that call.	- Telephone Intercept A12119 (CSN 779).	[162].

Statements by the accused in the ROI to the effect that his involvement was limited to the shipment from Mexico to Australia and ensuring that the consignment was received by Carlos Alvarez and that his (the accused’s) work was practically already done.

- ROI Q/A 119, 121, 139, 149, 195 and 229.

The accused’s duties included managing the logistics of the importation (including the transportation of the consignment from Mexico to Australia, its release in Australia from biosecurity control and its transportation to a warehouse following that release).

- ROI Q/A 111, 119, 229.

- Statement of Carlos Alvarez (p. 68 – 69, [50] – [51], [56]

– [57]; p. 72 [75]; p. 73 [80]).

- Statement of [Omitted], p. 594 [9].

- Email from [Omitted] to Carlos Alvarez, copying in the accused, dated 14 August 2019 at 12:44pm (p. 267).

- Image of Whatsapp Chat on accused’s phone on 15 August 2019 at 11:41am (p. 1100 – 1102, entry 162; Statement of Agreed Facts) (nb/ it is alleged the unidentified participant in the chat is the accused).

- Image of Whatsapp Chat on accused’s phone on 15 August 2019 at 7:09pm (p. 1099 – 1100, entry 155; Statement of Agreed Facts).

- Telephone Intercept A12113 (CSN 50).

- Telephone Intercept A12113 (CSN 54).

- Telephone Intercept A12119 (CSN 149).

- Telephone Intercept A12119 (CSN 322).

- Telephone Intercept A12119 (CSN 586).

- Telephone Intercept A12119 (CSN 694).

[63](e), [71], [82], [86],

[91], [97], [99], [101],

[110], [113](b) –

[113](f), [118], [123],

[127], [137].

“Who are the parties to [the] agreement?”

11. The parties to the agreement include the accused, ‘Ramon Hernandez’ and unknown others. Given the quantity and value of the border controlled drugs, and the scale of the operation to import them, the prosecution case is that more persons than the accused and Ramon Hernandez were party to the agreement.
12. Evidence relied upon by the prosecution includes (but is not limited to) the following:

Particular

Depositions

Summary of Prosecution Opening for Trial

The accused was a party to the agreement.

- ROI Q/A 118, 119, 121, 131, 139, 149, 172, 191, 195, 229 – 230, 236,

246 – 259, 266.

- Statement of Carlos Alvarez (p. 62, [17]; p. 64 [28]; p. 65

[33], [35]; p. 66 [36], [37], [39] – [40]; p. 67 [41]; p. 68 [50]; p. 69 [51],

[54], [56] – [57]; p. 70 [60], [63]; p. 71 [64]; p. 72 [72] – [75]); p. 73 [80];

p. 74 [86]; p. 77 [107] – [110]).

- Image of Whatsapp Chat on accused’s mobile phone on 24 May 2019 at 7:35pm (p. 1109, entry 177; Statement of Agreed Facts).

- Image of Whatsapp Chat on accused’s mobile phone on 12 July 2019 at 8:49am (p. 1060, entry 61; Statement of Agreed Facts).

- Email from [Omitted] to Carlos Alvarez on 16 July 2019 at 11:25am.

- Email from Carlos Alvarez to [Omitted] on 16 July 2019 at 12:07pm.

- 2 x Images of Whatsapp Chat on accused’s mobile phone on 18 July 2019 at 1:10pm (p. 1051, entry 46; p. 1070, entry 81; Statement of Agreed Facts) (nb/ it is alleged the unidentified participant in the chat

is the accused).

[15], [21], [29], [35] –

[36], [39], [40], [44],

[45], [47], [50], [51],

[54], [59], [62], [63],

[71], [72], [76], [81],

[82], [86], [87] – [90],

[91], [92] – [93], [94],

[95] – [96], [97], [98],

[100], [101], [103],

[109], [113], [115],

[118], [121], [123],

[124], [126], [127],

[130], [137], [143],

[151], [156], [158],

[160], [162].

- Application for a Visitor Short Stay Visa (p. 23).

- Statement of [Omitted] (p. 566).

- Incoming Passenger Card (p. 573).

- Email from Carlos Alvarez to [Omitted] dated 10 July 2019 at 3:35pm (p. 1876).

- Email from Carlos Alvarez to [Omitted], copying in the accused, dated 29 July 2019 at 2:37pm (p. 1875 – 1876).

- Statement of [Omitted] (dated 10/09/2019) (p. 534, [9]).

- Committal (Carlos Alvarez) (p. 502.29 – 503.4; p. 531.25 – 531.30).

- Statement of [Omitted] (p. 594 [9]; p. 595 [18]).

- Image of Whatsapp Chat on accused’s phone on 12 August 2019 at 10:42am (p. 1056, entry 56; Statement of Agreed Facts) (nb/ it is alleged the unidentified participant in the chat is the accused).

- Email from [Omitted] to Carlos Alvarez, copying in the accused, dated 14 August 2019 at 12:44pm (p. 267).

- Container Loading Supervision document (p. 276, 359, 364, 365, 366,

371).

- Statement of [Omitted] (dated 08/12/2020) (p. 1695, [5]).

- Photograph taken by [Omitted] of consignment in shipping container (p. 1696).

- Telephone Intercept TIA12114 (CSN 30).

- Telephone Intercept TIA12114 (CSN 35).

- Telephone Intercept TIA12114 (CSN 38).

- Image of Whatsapp Chat on accused’s phone on 15 August 2019 at 1:54pm (p. 1048, entry 37; Statement of Agreed Facts).

- Image of Whatsapp chat on accused’s mobile phone on 15 August 2019 at 1:54pm (p. 1113 - 1114, entry 188; Statement of Agreed Facts).

- Image of Whatsapp Chat on accused’s phone on 15 August 2019 at 7:09pm (p. 1099 – 1100, entry 155; Statement of Agreed Facts).

- Statement of Carlos Alvarez (p. 71 [67]).

- Telephone Intercept A12114 (CSN 74).

- Telephone Intercept A12113 (CSN 54).

- Telephone Intercept A12119 (CSN 149).

- Telephone Intercept A12114 (CSN 258).

- Telephone Intercept A12119 (CSN 322).

- Telephone Intercept A12114 (CSN 323).

- Telephone Intercept A12114 (CSN 380).

- Telephone Intercept A12119 (CSN 586).

- Telephone Intercept A12119 (CSN 694).

- Telephone Intercept A12119 (CSN 763).

- Telephone Intercept A12119 (CSN 779).

Ramon Hernandez was a party to the agreement.

- Statement of Carlos Alvarez (p. 61 - 62, [15] – [18]; p. 63

[23], [24] – [25]; p. 64 [30]; p. 65 [34], [35], p. 66 [36], [39] – [40]; p. 67

[41]; p. 69 [53], [56] – [57]; p. 70 [60], [61], [62] – [63]; p. 71 [64] – [65];

p. 73 [78]; p. 74 [86]; p. 76 [101]; p. 77 [105], [106]; p. 78 [114] –

[115]).

- Image of Whatsapp Chat on accused’s mobile phone on 12 July 2019 at 8:49am (p. 1060, entry 61; Statement of Agreed Facts).

- Committal (Carlos Alvarez), p. 502.29 – 502.31.

- Telephone Intercept A12113 (CSN 50).

- Telephone Intercept A12119 (CSN 149).

- Telephone Intercept A12119 (CSN 586).

- Telephone Intercept A12119 (CSN 694).

[18], [21], [30], [38],

[39], [40], [54], [59],

[62], [78], [81], [82],

[99], [103], [104], [111],

[113](b), [113](d), [127],

[130], [137], [143],

[145], [146], [148],

[150], [151], [169].

- Telephone Intercept A12119 (CSN 763).

- Telephone Intercept A12113 (CSN 01232-001).

- Telephone Intercept TI2108 (CSN 1234).

- ROI Q/A 191.

Unknown others were a party to the agreement.

- Hapag-Lloyd Bill of Lading (p. 539).

- GZ Royal Packing List (p. 542).

- Summary Court Report of [Omitted], 690.

- Summary Court Report of [Omitted] (p. 773).

- Photograph of border controlled drugs (p. 667).

- Statement of [Omitted] (p. 846).

[37], [79], [83].

“What acts of the accused do the prosecution rely on to prove/infer agreement?”

13. The prosecution relies upon a multiplicity of acts and statements, of the accused, to infer the existence of the agreement. These include those particulars set out in the table above at paragraph 10, and the table below at paragraph 15, and which concern acts done, and statements made, by the accused. They are not repeated here.

“What acts do[es] [the] prosecution allege the accused did to further the agreement?”

14. The prosecution position is that s11.2A Criminal Code does not require proof that the accused committed an act of participation in the commission of the joint offence (Tartaglia v The Queen [2022] SASCA 41, [32] – [76]).
15. However, the prosecution case is that the accused committed the following acts in furtherance of the agreement to commit the joint offence:

Particular

Depositions

Summary of Prosecution Opening for Trial

The accused was hired by Ramon Hernandez to do the logistics for the consignment from Mexico to Australia.

- ROI Q/A 111, 118 - 119, 131, 172.

The accused engaged GZ Royal Partners, on or around 1 May 2019, in connection with the importation.

- ROI Q/A 118, 149.

- Image of Whatsapp chat on accused’s mobile phone on 15 August 2019 at 1:54pm (p. 1113 - 1114, entry 188; Statement of Agreed Facts).

- Telephone Intercept A12113 (CSN 50).

- Telephone Intercept A12113 (CSN 149).

- Telephone Intercept A12119 (CSN 322).

- Email from [Omitted] to [Omitted] on 25 July 2019 at 12:50am.

- Email from [Omitted] to [Omitted] on 4 July 2019 at 10:15am.

- Whatsapp messages from ‘[Omitted]’ to [Omitted] sent between 25 June 2019 and 4 July 2019 stating that shipper will travel to Australia

[45], [96], [113](f),

[118].

to meet Carlos and receive the cargo, and, that shipper will go to Sydney and he is coordinated with Carlos.
The accused recruited Carlos Alvarez, via his cousin [Omitted], on or around 22 May 2019, to be the consignee in Australia of the consignment.	- ROI Q/A 119, 145, 190, 196 – 198, 221 – 224. - Statement of Carlos Alvarez (p. 60, [8] – [20]; p. 63 [24] – [25]). - Image of social media chat on accused’s mobile phone on 16 May 2019 at 2:05am (p. 1081, entry 107; Statement of Agreed Facts). - Image of Facebook Messenger chat on accused’s mobile phone on 24 May 2019 at 6:32pm (p. 1097, entry 151; Statement of Agreed Facts). - Image of Whatsapp chat on accused’s mobile phone on 28 May 2019 at 11:00pm (p. 1103, entry 167; Statement of Agreed Facts). - Image of Whatsapp chat on accused’s mobile phone on 6 June 2019 at 11:08am (p. 1059, entry 59; Statement of Agreed Facts) (nb/ it is alleged the unidentified participant in the chat is the accused). - Statement of [Omitted] (dated 10/09/2019) (p. 533 – 534, [7]).	[13] – [14], [16] – [19], [24], [26], [32].
The accused participated in the loading of the consignment (containing border controlled drugs) into the Hapag-Lloyd shipping container (HLXU 876 761 8) in Mexico around 2 July 2019.	- ROI Q/A 118, 246 – 247, 266. - Container Loading Supervision document (p. 276, 359, 364, 365, 366, 371). - Statement of [Omitted] (dated 08/12/2020) (p. 1695, [5]). - Photograph taken by [Omitted] of consignment in shipping container (p. 1696).	[87] – [90].
The accused applied, on 2 July 2019, for a visa to enter Australia.	- Application for a Visitor Short Stay Visa (p. 23).	[35].
The accused stated in his visa application that his reason for visiting Australia was tourism.	- Application for a Visitor Short Stay Visa (p. 23).	[35] – [36].

The accused instructed Carlos Alvarez, on or around 12 July 2019, to obtain documentation to provide to the Australian government that explains the cowhides must not be tanned.	- Image of Whatsapp Chat on accused’s mobile phone on 12 July 2019 at 8:49am (p. 1060, entry 61; Statement of Agreed Facts).	[40].
The accused instructed GZ Royal Partners, on or around 18 July 2019, to discuss with [Omitted] the possibility of getting a warehouse with him, and, to explain to [Omitted] that if a particular part of the cowhide is a problem for biosecurity those parts can be returned to Mexico.	- 2 x Images of Whatsapp Chat on accused’s mobile phone on 18 July 2019 at 1:10pm (p. 1051, entry 46; p. 1070, entry 81; Statement of Agreed Facts) (nb/ it is alleged the unidentified participant in the chat is the accused).	[45].
The accused travelled to, and arrived in, Australia on 29 July 2019, to oversee the arrival of the consignment and its release from customs.	- Statement of [Omitted] (p. 566). - ROI Q/A 119. - Whatsapp messages from ‘[Omitted]’ to [Omitted] sent between 25 June 2019 and 4 July 2019 stating that the shipper will travel to Australia to meet Carlos and receive the cargo, and, that shipper will go to Sydney and he is coordinated with Carlos.	[50].
The accused represented to Australian Border Force officer [Omitted], and on his incoming passenger card, that he was in Australia to visit a friend(s), and, he denied being present for business purposes.	- Statement of [Omitted] (p. 569, [15]). - Incoming Passenger Card (p. 573).	[51].
The accused, around 9 August 2019, ‘rushed’ Carlos Alvarez to obtain the import permit.	- Statement of Carlos Alvarez, p. 69 [51].	[71].
The accused managed the logistics of the importation (including the transportation of the consignment from Mexico to Australia and its release in Australia from biosecurity control).	- ROI Q/A 111, 118 – 119, 131, 172, 229. - Statement of Carlos Alvarez (p. 63 [24] – [25]; p. 68 [50]; p. 69 [51]).	[15], [23], [24], [26], [32], [33], [45], [49], [52], [61], [63], [71],

- Image of Whatsapp Chat on accused’s mobile phone on 24 May 2019 at 7:35pm (p. 1109, entry 177; Statement of Agreed Facts).

- Image of Whatsapp Chat on accused’s mobile phone on 28 May 2019 at 11:00pm (p. 1057, entry 57; Statement of Agreed Facts).

- Image of Whatsapp chat on accused’s mobile phone on 28 May 2019 at 11:00pm (p. 1103, entry 167; Statement of Agreed Facts).

- Image of Whatsapp chat on accused’s mobile phone on 6 June 2019 at 11:08am (p. 1059, entry 59; Statement of Agreed Facts) (nb/ it is alleged the unidentified participant in the chat is the accused).

- Image of Whatsapp chat on accused’s mobile phone on 26 June 2019 at 11:46pm (p. 1070, entry 80; Statement of Agreed Facts) (nb/ it is alleged the unidentified participant in the chat is the accused).

- Email from [Omitted] to Carlos Alvarez, copying the accused, dated 26 July 2019 at 8:06am (p. 152 – 153).

- Photographs taken, on 29 July 2019, of ‘Hapag-Lloyd Tracing by Container’ on the accused’s mobile phone (p. 579 – 585).

- On 29 July 2019, the accused’s mobile phone contained a contact name and number for ‘[Omitted]’ (p. 590).

- Committal (Carlos Alvarez), p. 531.25 – 531.30.

- Statement of [Omitted], p. 594 [9].

- Image of Whatsapp Chat on accused’s mobile phone on 12 August 2019 at 10:42am (p. 1056, entry 56; Statement of Agreed Facts) (nb/ it is alleged the unidentified participant in the chat is the accused).

- Image of Whatsapp Chat on accused’s mobile phone on 15 August

2019 at 1:54pm (p. 1048, entry 37; Statement of Agreed Facts).

[76], [95] – [96], [97],

[99], [101], [113], [118],

[127], [137].

- Image of Whatsapp chat on accused’s mobile phone on 15 August 2019 at 1:54pm (p. 1113 - 1114, entry 188).

- Image of Whatsapp Chat on accused’s mobile phone on 15 August 2019 at 7:09pm (p. 1099 – 1100, entry 155; Statement of Agreed Facts).

- Telephone Intercept A12113 (CSN 50).

- Telephone Intercept A12113 (CSN 54).

- Telephone Intercept A12119 (CSN 149).

- Telephone Intercept A12119 (322).

- Telephone Intercept A12119 (CSN 586).

- Telephone Intercept A12119 (CSN 694).

“What (if any) acts of others [does] the prosecution allege the accused is liable for?”

16. Pursuant to s11.2A Criminal Code, the accused is liable for the conduct of those he is in agreement with to commit the joint offence where that conduct is committed in accordance with the agreement and makes up the physical elements consisting of conduct of an offence of the same type as the offence agreed to. Namely:

Particular

Depositions

Summary of Prosecution Opening for Trial

The importation of a commercial quantity of border controlled drugs.

- Hapag-Lloyd Bill of Lading (p. 539).

- Statement of [Omitted] (p. 1689).

- Summary Court Report [Omitted], 690.

- Summary Court Report of [Omitted], (p. 773).

- Photograph of border controlled drugs (p. 667).

[37], [73], [79], [83].

DEFENCE REQUEST FOR PARTICULARS REGARDING 16.2(1) Criminal Code

“Provide particulars of what acts the prosecution allege the accused did to send or cause a thing to be sent?”

17. The prosecution case is that the accused, in joint commission with others, imported a commercial quantity of a border controlled drug into Australia. As stated above at paragraph 16, it is alleged the accused is liable on a joint commission basis for the conduct of other parties to the agreement that constituted the importation of the drugs. The accused’s conduct in relation to the importation of the consignment is set out at paragraph 15.

[2023] VCC 713

5 May 2023