Kenneth Peter Wiggett: Grandfather pleads guilty to trafficking 20kg of MDMA
The camouflage sports bag on his back seat had tipped over onto the floor to reveal a gobsmacking 20kg haul of MDMA on its way to Victoria.
Albury Wodonga
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The court has debated the moral culpability of a grandfather who trafficked almost 20kg of MDMA, claiming he had no knowledge of what he was carrying.
Kenneth Peter Wiggett, 63, appeared in Wodonga County Court today, pleading guilty to trafficking a large commercial quantity of a drug of dependence.
The court heard Mr Wiggett, who was living between a Queensland and Lilydale, Victoria address, was pulled over by police heading southbound on the Hume Freeway, Barnawartha, at 4.50pm on December 7, 2018.
Court documents reveal officers searched Mr Wiggett’s Toyota Prado where they located a camouflage sports bag upside down on the floor behind the passenger seat.
Mr Wiggett allegedly asked police not to touch the bag, and when police asked what was in it he replied “opals”.
When police opened the bag they found 20 vacuum sealed bags of MDMA.
The total weight of the drug was 19.8kg, and the purity was 79 per cent.
When questioned by police, Mr Wiggett said he didn’t know what was in the bag but he believed it contained opals to be tumbled and washed and had come into possession of the bag the day prior.
He told he didn’t look in the bag and that someone else had put the bag in the car.
The court heard Mr Wiggett had served time in prison for a previous trafficking offence in 2005.
Crown Prosecutor Amit Malik said while the quantity of drugs found in Mr Wiggett’s possession was very serious but there was no evidence as to the accused’s knowledge or role in the supply of drugs, or whether he had received a financial reward.
Judge Michael McInerney said it didn’t need to be proven.
“I can infer on the circumstances no person, unless they’re an absolute idiot, would be taking the risks of putting this amount in their car, especially someone who has been to jail for a trafficking offence, that you’d be in it for any purpose other than a financial reward,” he said.
“He’s committed one of the most serious offences set out in the legislation and has to be sentenced accordingly.
“You’d be a fool if you weren’t in it for a financial reward.”
The maximum sentence for trafficking a large commercial quantity of MDMA is 25 years imprisonment, with a standard sentence of 16 years.
A large commercial quantity of MDMA is defined at 1kg, to which Mr Wiggett is accused of carrying more than 20 times the amount.
Defence barrister Samantha Poulter said that Mr Wiggett was less morally culpable for crime as there was no evidence of his knowledge, role, or financial gain.
Judge McInerney said he would make the presumption “beyond reasonable doubt” that Mr Wiggett was in it for the money.
“I don‘t know his role, he could be the leader. All I know is he was found that day with this amount.
“The fact that I don’t know his role doesn’t diminish his culpability.”
Mr Malik told Judge McInerney that Mr Wiggett’s guilty plea had been entered under possession by the way of recklessness, which made the accused less morally culpable than if he had had knowledge of the volume of drugs he was carrying.
Judge McInerney said he would take this into account along with the accused’s medical history which included skin cancer spots and advanced osteo arthritis.
Mr Wiggett will return to court for sentencing on February 15.