International drug smuggling suspect jailed indefinitely for silence

A man with links to global drug trafficking and the notorious Bra Boys has been slapped with an open-ended jail term for refusing to speak about AN0M.

An international drug smuggling suspect linked to waterfront corruption has been jailed indefinitely for refusing to say what he knows about AN0M.

The man known as DT021, who crime fighters say has links to global drug trafficking and the notorious Bra Boys surf gang, has been handed an open-ended prison term for rebuffing Australian Criminal Intelligence Commission questions.

After “avoiding law enforcement for more than 20 years”, the man was dragged to a coercive hearing in the weeks after the Australian Federal Police’s nationwide sweep of arrests of those using the AN0M phone app.

AN0M was promoted by alleged criminals as a surveillance-proof communications platform but the AFP and United States Federal Bureau of Intelligence were monitoring it in a covert operation called Ironside.

DT021, regarded by ACIC as a “facilitator” of international drug shipments, was asked seven questions about his Google Pixel 4A phone, burner phones bought for a “Mr X”, drug and money laundering activity and whether he used an AN0M handle.

An international drug smuggling suspect was dragged to a hearing shortly after the Australian Federal Police’s nationwide sweep of Operation Ironside arrests.

But he refused to answer over fears “for his life and for his family” and was sentenced to an indefinite jail term in the Federal Court in March.

His arrest comes after the ACIC doubled its national workforce of special examiners from three to six last year, with Melbourne getting its own examiner in December, along with Brisbane and Perth.

Examiners are handed extraordinary powers to compel suspected crooks to dish out information or face jail, putting increasing pressure on criminal networks.

Victoria’s most notorious outlaw bikie Mick Murray was famously jailed under similar coercive powers, telling Victoria’s Chief Examiner, “I’m not a dog”.

“Mate, this is very, very simple. This is set up for people to lag. I’m not a dog. I’m not answering questions. I’m not lagging anyone,” Murray said in 2017 before he was jailed for eight months.

But just three people in the past four years have been slapped with an open-ended jail term under the ACIC’s extraordinary contempt powers, introduced in 2010.

Former Comanchero president Mick Murray was famously jailed under similar coercive powers.

Two of those people remain in jail, including DT021.

DT021 pleaded guilty to seven counts of contempt of court in December, and argued there wasn’t enough evidence his contempt had “significant consequences” for the police inquiry.

He said investigators already had all the messages and location data attached to the Google AN0M phones and “was only confirming information already in its possession” by hauling him in for questioning.

But the ACIC said it “was not privy to all of the information” collected by the AFP and FBI in their covert Operation Ironside.

It said it needed DT021 to spill the beans on “members and locations of the transnational and domestic crime groups whose activities he facilitated, successful and planned future importations of border controlled drugs and the modus operandi employed by himself and his criminal associates”.

The court ultimately gave the accused man the option of “purging” his contempt, but he has remained staunch and is still in jail.

Former senior ACIC official Shane Neilson had applied to have the man questioned because of his “significant” connections and “close associations” with members of serious organised crime groups.

Former senior ACIC official Shane Neilson.

Those groups were allegedly involved in importing and trafficking large amounts of border-controlled drugs.

Justice Tom Thawley said DT021’s involvement stemmed from his long-term friendships with people who he understood were involved in criminal activity and that they were associated with even more frightening criminals.

“He reported that his refusal to answer questions was based on a calculated decision at self-preservation,” Justice Thawley said.

In sentencing the man with a “limited criminal record”, he said a prison term “until further order” was appropriate.

“I will reserve liberty to apply in the event that the respondent seeks to purge his contempt. If the respondent seeks to purge or purges his contempt, the respondent’s imprisonment should be reviewed,” Justice Thawley said.

Those jailed for an indefinite period of time for contempt under the Crime Legislation Amendment (Serious and Organised Crime) Act (2010) can languish in jail for a maximum five years.

Accused criminals who refuse to comply can also be sent to prison for a fixed term, have their assets sequestered or fined up to $44,000.