The Snitch: alleged AN0M drug importer denied bail over twin, passport offence

A man accused of importing a tonne of cocaine has been refused bail because of his identical twin, while a secret drug lab causes a world of pain for an unlucky homeowner. Read The Snitch.

A man accused of conspiring to import 1.2 tonnes of cocaine into Australia from Colombia has been refused bail yet again because he has an identical twin whose whereabouts are unknown and a history of making false passports.

David Potter has been behind bars on remand for more than four years after he was charged with conspiring to import the commercial quantity of cocaine, to which he has pleaded not guilty.

Potter was among more than 200 people arrested in 2021 after the Australian Federal Police infiltrated an encrypted messaging network called AN0M.

The AFP alleges those arrested used the app to orchestrate a variety of criminal enterprises, including large-scale drug importation and supply.

The 52-year-old is one of dozens challenging the legality of AFP infiltrating the app, and his February trial date was vacated after the High Court reserved their decision on a similar challenge in South Australia.

David Potter was charged with conspiring to import 1.2 tonnes of cocaine into Australia after the AFP infiltrated the AN0M encrypted messaging app.

Highly sought-after silk Phillip Boulten urged the court to acknowledge the years Potter had been behind bars without being convicted of any offence, and offered up his mother’s $3.9m Malabar home as an assurance his client would not flee.

But Acting Justice Derek Price found the unknown whereabouts of Potter’s identical twin Daniel, who is alleged to have participated in the conspiracy, and the twins’ 2003 convictions for possessing false passports constituted a high flight risk that could not be mitigated. Bail was refused.

Lawyer Phillip Boulten applied for bail for David Potter. Picture: AAP

There is no suggestion Daniel Potter has been charged with any other offence or is wanted on a warrant.

Twins and fake passports aside, Snitch thinks the court might have doubted the overall wisdom of accepting a $3.9m home as security anyway, after the now-notorious case of AN0M co-accused Mostafa Baluch, who put his parents’ $4m home up and promptly went on the run.

Baluch was rearrested weeks later and remains before the court charged with shipping 900kg of cocaine into Australia.

BOOKED OUT

Snitch does not envy whoever manages the calendar for embattled hospitality baron Jon Adgemis, for whom the court action rarely stops of late.

Adgemis – whose Public Hospitality Group of restaurants, pubs and clubs is fighting for survival after a debt refinancing deal collapsed – has no less than eight court dates listed in July, mostly over the fate of his ailing businesses.

Jon Adgemis has a busy diary of court dates for July. Picture: NCA NewsWire / David Swift

Snitch recently revealed Adgemis was being pursued by Georges River Council over unpaid rates, but the matters have just kept on mounting.

On Friday there was a brief mention for HG Investment Capital Holdings’ proceedings against Adgemis’ Orange Gaming, which liquidator documents state “provided lending and investing services to the hospitality industry, particularly dealing with gaming and hotel licences”.

It was put into voluntary administration in January due to Orange Gaming allegedly defaulting on $7.5m in loans from HGICH, with a Supreme Court hearing to proceed on August 27.

WHAT A METH

A man whose multimillion-dollar upper north shore property briefly hosted a clandestine drug lab has copped a significant fine for contempt after a council took him to court for failing to sufficiently clean up the meth.

Things have gone from bad to worse for Safwen Hijazi, after NSW Police discovered his four-bedroom Pymble house was hosting a secret meth lab containing 2kg of the drug in 2019.

Mr Hijazi is not accused of any involvement with the lab whatsoever and has not been charged with any offences.

Ku-ring-gai Council initiated proceedings against Mr Hijazi in the Land and Environment Court after finding the material he provided to prove the house was safe for occupation had “important deficiencies”, preventing it from complying with the relevant guidelines.

NSW Police had earlier advised the property was likely to still contain substances “harmful to health and safety” – namely, methamphetamine and acetone.

Justice John Robson found Mr Hijazi had attempted to comply with the remedial order, but his non-attendance at court resulted in a finding of contempt and a fine of $20,000.

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