John Higgs: ‘Tomato tins’ drug trafficker makes fresh bail bid after lawyer-X scandal

A drug trafficker jailed over the world’s largest ecstasy bust has made a fresh bid to be released in the fallout of the lawyer-X scandal.

A drug trafficker convicted over what was then the world’s largest ecstasy bust has made a fresh bid for bail as he nears his 77th birthday.

John William Samuel Higgs appeared before the Victorian Court of Appeal on Friday afternoon seeking to be released as he fights his conviction over the attempted importation of 15 million ecstasy tablets in 2007.

Dubbed the “tomato tins” conspiracy, more than 3000 tomato tins containing 4.4 tonnes of the drug were seized from a shipping container at the Port of Melbourne in June 2007 — estimated to have a wholesale value of $122 million.

Higgs, alongside several co-offenders, was arrested the following year and jailed for 18 years in 2012, after he was convicted by a jury of conspiracy to posses a commercial quantity of illicit drugs.

Drug boos John Higgs is appealing his conviction after it was revealed lawyer Nicola Gobbo was informing on him. Picture: Supplied.

Revelations in 2019 that former gangland barrister Nicola Gobbo was secretly moonlighting as a police informer saw a series of convicted criminals — including Higgs — launch appeals to their convictions.

Higgs was denied bail in 2021 after arguing his relationship with Gobbo meant a substantial miscarriage of justice had been carried out after the Court of Appeal ruled he had not shown “exceptional circumstances justifying a grant of bail”.

But returning before the court on Friday, his barrister, David Grace, argued that the intervening two years and seven months of litigation surrounding the lawyer-X saga had changed the playing field.

“He is living in hope he will eventually be released to appear in this court in person to support his application (to appeal),” he said.

More than 15 million ecstasy pills were seized at the Port of Melbourne in 2007. Picture: Supplied.

Mr Grace submitted there was a “reasonably strong” argument to conclude Gobbo and Higgs had a lawyer-client relationship and this was sufficient to possibly overturn his conviction.

He also argued his “almost 77 years of age” client’s health was deteriorating in prison and there was now a “relatively short period” before Higgs would be eligible for parole.

Representing the crown, a barrister argued nothing had fundamentally changed in Higgs’ case and disputed Mr Grace’s claim of strong prospects of success.

“The same problems really exist now … The applicant (Higgs) has not shown exceptional circumstances,” she said.

“If there is a finding of legal-client relationship, there's still a significant and complex legal argument that would have to be had.”

Some of the tins contained MDMA pills others were filled with gravel. Picture: Supplied.

Justice David Beach took aim at the litany of cases launched after the lawyer-X revelations, including Higgs’, which had failed to make meaningful progression for years.

“These cases seem to be spiralling around the drain with endless requests for documents that don’t seem to go anywhere,” he said.

Justices Beach and Karin Emerton reserved their decision and will hand down a judgment at a later date.

The court was told Higgs will be eligible for parole in March 2026, while his full sentence will expire in March 2030.

Originally published as John Higgs: ‘Tomato tins’ drug trafficker makes fresh bail bid after lawyer-X scandal