ACIC underworld witness refuses to answer questions about drug kingpin Mr X

A veteran underworld figure given immunity from self-incrimination has chosen to go to jail indefinitely, rather than reveal the identity of feared drug kingpin “Mr X”.

A veteran underworld figure was so scared of giving up information on a drug kingpin he knew called “Mr X” that he chose to go to jail indefinitely, rather than talk about him to the Australian Criminal Intelligence Commission.

The man – whose identity is suppressed and can be known only as DTO21 – was hauled before the ACIC in June 2021, asked questions about a key ongoing investigation and told he had blanket immunity from self-incrimination.

Under its legal powers, the ACIC can compel a witness to answer questions and punish them if they refuse.

But despite assurances the hearing was “confidential” and that he would not incriminate himself with his answers, DTO21 refused to answer seven questions from the ACIC about “Mr X” and the fabled AN0M app.

As a result, DTO21 was jailed indefinitely.

(Stock image) The underworld figure refused to give away any information about Mr X.

DTO21’s hearing came just weeks after Operation Ironside, which saw hundreds of people in Australia and around the world arrested, following the collapse of the encrypted AN0M app – used by some of the world’s top criminals to traffic drugs, organise murders and solicit other crimes.

But his involvement or knowledge of AN0M and its uses was not the focus of the ACIC’s questioning.

The judgment handed down by Federal Court Justice Tom Thorley explains that DTO21 was called before the ACIC to answer questions about “his collaboration with and knowledge of domestic and international drug trafficking organisations”.

In particular he was asked about “Mr X”, including one exchange about how the communicated.

When asked where and how he had given the burner phone to “Mr X”, DTO21 initially refused to answer.

But after being given a series of warnings about his legal requirement and the potential consequences, the married father eventually told them the “location from which he acquired the phone”.

However in total he refused to answer seven questions put to him by the ACIC.

“The respondent stated on several occasions that the reason he was not answering was that he was afraid,” Justice Thawley’s judgment reads.

“He stated that he was concerned for his life and for his family. He stated that he had received advice and he understood that the consequences of not answering were ‘pretty heavy’.”

The consequences of not answering were that DTO21 was charged with contempt by the ACIC and hauled before the Federal Court of Australia.

Justice Thawley found DTO21 guilty and handed him an open-ended prison sentence, telling the court that despite the fact he showed good signs of rehabilitation a message had to be sent about answering the ACIC.

“The Court exercises caution before imposing a sentence of imprisonment, and it is reluctant to impose sentences of imprisonment of indefinite duration,” he said.

“Nevertheless, the Court should do what it can to induce the respondent to comply with his lawful obligations.”

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