Court of Appeal grants Alfred Kola a retrial over plot to import cocaine from South America

A man jailed over a plot to import cocaine via a leaky boat from Panama has won a retrial after lodging appeal.

A man jailed for plotting to import $18 million worth of cocaine via a boat from Panama has won a retrial after the Court of Appeal ruled the trial judge erred when directing the jury.

At trial in the District Court last year, Alfred Kola, 53, was found guilty of a charge of conspiracy to import a commercial quantity of cocaine.

It had been alleged he was among a group of men in Australia and South America who spent three months in 2014 plotting the importation of as much as 75kg of cocaine, which was worth an estimated $18 million at the time.

The jury had been told the plan came unstuck when the courier – who was to be paid $250,000 for accompanying the shipment and ensure the captain did not use any of the drug -got drunk and blabbed to others about the plan.

Ibrahim Yavuz and Alfred Kola (right) leave Flight Centre at Mawson Lakes in May 2014 after purchasing the courier flights to Panama. Picture: Courts SA.

His loud mouth had caused an irreparable rift with the captain and the plan was abandoned.

Following the jury verdict, Mr Kola lodged an appeal on five grounds, four of which the Court of Appeal dismissed.

However, Chief Justice Chris Kourakis, Justice Kevin Nicholson and Justice Laura Stein ruled the trial judge failed to direct the jury that it was an element of the offence “that the conspirators agreed to engage in conduct which, if executed, would have resulted in the importation of a commercial quantity of cocaine, whether the conspirators knew, or intended, the execution of their agreement would result in product of that weight being imported”.

Instead they found Judge Liesl Kudelka had given directions to the jury “which allowed for the conviction of Mr Kola if the jury were satisfied that the acts in which (the courier) and others had engaged in Central America would have resulted in the importation of a commercial quantity of cocaine, even if that were not the agreement entered into by the conspirators”.

In February, Mr Kola was jailed for 13 years with a non-parole period of seven years for his alleged involvement.

He is currently serving a separate lengthy jail term for other drug offences in 2014. The non-parole period for that offending will expire in 2026.

Two other men have also been jailed over the plot – Juan Daniel Londono-Gomez and Ibrahim Yavuz – who each previously pleaded guilty over their involvement in the failed plan.