Loophole in SA drug trafficking laws closed under new legislation

A drug loop hole that reduced the seriousness of charges for drug traffickers pushing “pure” quantities of hundreds of drugs has been closed by state parliament.

A drug loop hole that reduced the seriousness of charges for drug traffickers pushing “pure” quantities of hundreds of drugs has been closed by state parliament.

Earlier this month, the Court of Appeal overturned the conviction of two people charged with attempting to traffic a large commercial quantity of a controlled substance – approximately 200 kilograms of fantasy imported directly from China.

The decision came as the drug in question was pure, and the regulations did not include a weight for commercial or large commercial quantities of the drug in its pure form.

The court ordered the two individuals be retried on the lesser charge of attempted trafficking – an offence that carries a maximum penalty of 15 years in prison, compared with life for the more serious charge.

The legislation passed in state parliament yesterday will mean the more serious charges will be able to proceed.

Large blue containers that originally held half a million dollars worth of fantasy. Picture: District Court.

The seizure of the “pure” quantities of the drugs kicked off an appeal that redefined how the trafficking of hundreds of drugs can be charged. Picture: District Court.

Attorney-General Kyam Maher said the government moved as quickly as possible to close the loophole.

“Without these changes, authorities would be unable to charge people involved with certain large-scale drug trafficking operations with offences that acknowledge the seriousness of the offending,” he said.

“Most importantly, these laws are retrospective to avoid the potential for appeals in relation to historic matters.”

On Wednesday, he confirmed the subject of the Supreme Court appeal had been ordered a retrial.

“In the only matter the loophole applied to, the persons can now be prosecuted again for a large, commercial quantity of drug trafficking and face potential life in prison,” he said.

“The retrial will happen on the basis of these changed, retrospective laws.”

It is unclear whether the retrospective nature of the law will be challenged by lawyers representing not only the accused in the Court of Appeal case, but numerous men arrested as part of Operation Ironside.

A series of legal challenges to charges relating to fantasy, precursors and GHB have already been launched in the Adelaide Magistrates Court.

In many of those cases the drugs subject to the charges were never seized, rather prosecutors rely on hundreds of AN0M messages discussing the sale of the drugs.

Lawyers for the Ironside accused have indicated they would seek to have charges of trafficking in commercial and large commercial quantities downgraded to basic trafficking because it could not be proved the drug was not a “pure” quantity.