Nikolin Fati guilty of his role in cultivating more than 200 cannabis plants

An Italian national encouraged to grow dope by sections of the Albanian community has been found guilty for his role in the growing more than 200 plants.

An Italian national will be deported after being found guilty for his role in harvesting and maintaining more than 200 cannabis plants across three locations in Adelaide’s west.

Nikolin Fati, 36, appeared in the District Court of South Australia on Thursday morning charged with two counts of cultivating a commercial quantity of a controlled plant, and one count of a large commercial quantity.

He pleaded guilty at an earlier hearing.

The court heard he was involved in three dope growing operations at properties in Croydon, Croydon Park and Camden Park.

Judge Liesl Chapman said the accused’s DNA was found on a cigarette and two face masks at the Croydon address in December, 2013 which housed 123 plants at “various stages of growth”, across four rooms, a cellar and a pantry.

His DNA was also found on two drinks bottles and face masks at the Croydon Park property that same month, which was growing 61 plants.

His car was also found parked outside the Camden Park address in January, 2015, which had 20 plants.

He was arrested the following year.

Nikolin Fati was led back to immigration detention on Thursday morning.

Judge Chapman said the estimated total yield for the crops was almost $700,000.

She said Fati was “not the instigator” but was involved in the setting up, harvesting and maintenance of the plants and was paid about $1000 per house and with cannabis

The court heard he was “reliant upon the Albanian community” in Adelaide during the offending.

“They asked you to be involved,” she said.

He was in custody for six days before being bailed and placed in an immigration detention as an “unlawful non-citizen”.

The court heard Fati, originally from Albania, immigrated to Italy “illegally” to escape poverty, where he became a citizen.

However, he then came to Australia on a tourist visa in 2012, then returned on 2013, successfully applying for a student visa to study English and hospitality.

He had been on a bridging visa until November, 2019 and his appeal to remain in the country because of the court proceedings was due to be heard next week.

However, Judge Chapman said there was “little utility” in jailing Fati whose deportation was “certain”.

“I understand you will be deported subject to these proceedings,” Judge Chapman said.

“If you are no longer in this country that must necessarily mean the community is protected from any further offending by you in the future.

“One view could be taken that you are simply escaping jail by being deported.

“I do not want to send the wrong message to people here on a visa, namely that they can commit criminal offences and then avoid jail by simply being sent back home.

“However, I agree with your counsel’s submissions that there seems to be little utility in keeping you here in jail.

“Your imminent deportation will achieve the paramount consideration in sentence namely protecting the community from any future offending by you.”

He received a suspended five year, two months and 16 day prison term and a 12 month good behaviour bond.