Drug smugglers with triad ties face 25 years

Two men will face jail sentences of up to 25 years after authorities busted them for attempting to smuggle in a commercial quantity of ephedrine into Australia.

Crystal meth or ice.

One of two men with links to Chinese organised crime who were busted by Australian authorities over an attempt to smuggle a drug precursor for the manufacture of $141m of crystal meth has asked for a lesser sentence amid claims a stroke left him cognitively ­incapacitated.

Kwun Chen and Rick Siu Cheung Chan were each found guilty by a jury in May of importing a commercial quantity of ephedrine from China to Australia, according to court documents.

The documents say the “importation involved 1052.7kg of ephedrine”, which if it made into methylamphetamine hydrochloride had a potential wholesale value of $88m-$141m. The maximum jail sentence is 25 years.

Chen’s legal counsel, Chris Pearson, told the Melbourne County Court on Monday his client suffered from a “decline” in his cognitive capacity after he suffered a stroke in 2016. “He was a vulnerable person,” Mr Pearson said. “The entire importation would have happened without his participation.”

Chen’s moral culpability for the crime should be reduced and his jail sentence should be minimised as well, Mr Pearson argued.

The prosecution in court documents said Chen’s stroke and associated memory loss was “no basis” to suppose it had a “causal connection” with the offending. They said he was in debt, had already operated an illegal tobacco importation business and persuaded another man to loan him money to invest in the import.

“Although Kwun appears not to have carried out the tasks entrusted to him … his intended role of overseeing the sale of the ephedrine could not come to fruition in circumstances where it was intercepted by authorities,” the document read. “Kwun’s role was to help finance the purchase of the ephedrine in China, using funds borrowed … and then to oversee the sale and distribution.”

He also agreed to set up companies to sell tiles and building products, the documents read.

“That would be used as a cover load for illegal goods (to provide a small cashflow and make the business look legitimate) and to launder money from the ultimate sale of the ephedrine.”

Chan’s role was to establish seemingly legitimate business partnerships so a container with the drugs could arrange for Customs clearance to be a delivered to a warehouse, the documents alleged. “Rick established the logistical framework that would enable the importation of the ephedrine into Australia. This included forging apparently legitimated business partnerships with two separate entities … so as to acquire the capacity to take delivery of the container, and a large number of containers in the future.

“It can be inferred that Rick was a principal organiser of the importation on the Australian side of the operation, and had significant authority within the syndicate.”

Chan’s counsel, Shane Kennedy, in court documents said his client’s participation was “limited” and a “particularly light sentence” should be handed down.

In December 2018, Chan travelled to China to meet others involved in the shipment, which arrived at a warehouse in Australia by February 21, 2019.

The prosecution said both men should be held morally culpable for their actions. “As to Rick, the offending was not some momentary lapse of judgment, but rather the culmination of concerted planning over many months,” it read.

“On any view, Kwun’s communications with Hong indicate Kwun was an enthusiastic participant in the venture, and expected it would deliver a large financial windfall.”

It is understood both are part of an organised Chinese crime group.

Their final sentencing hearing has been set for September 13.