John Higgs: ‘Tomato tins’ drug trafficker fails in bid for freedom ahead of conviction fight

A drug trafficker who tried to smuggle 15 million ecstasy pills into Australia will remain behind bars after a court rejected his bid for freedom while he appeals his conviction.

A drug trafficker jailed over the world’s largest ecstasy bust will remain behind bars despite an ongoing appeal arguing there has been a “substantial miscarriage of justice”.

John William Samuel Higgs was jailed in 2012 after police uncovered more than 15 million ecstasy tablets concealed inside tomato tins at the Port of Melbourne five years earlier.

Nearing his 77th birthday, the convicted drug boss made a fresh application for bail as he fights to overturn the conviction in the wake of the Lawyer-X fiasco.

This bid for bail was rejected in the Court of Appeal on Thursday morning as two judges ruled he had not met the “exceptional circumstances” justifying bail.

John Higgs is seeking to overturn his conviction after learning Nicola Gobbo was informing on him. Picture: Supplied.

He was convicted of trying to import more than 15 million ecstasy pills into Australia in 2007. Picture: Supplied.

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 $122m.

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

After prominent gangland barrister Nicola Gobbo was revealed to be a secret police informer in 2019, a series of convicted criminals – including Higgs – launched appeals against their convictions.

Higgs first made a bail application in 2021 after learning Ms Gobbo had been informing on him to police and this was not disclosed during his trial.

The court was told Nicola Gobbo had provided Higgs’ phone number to police, which allowed them to intercept his communications. Picture: Supplied.

The ‘tomato tins’ bust was the world’s largest in 2007. Picture: Supplied.

Last week, his barrister, David Grace, argued the intervening years of litigation surrounding the Lawyer-X saga had changed the playing field, with two men – Tony Mokbel and Faruk Orman – successfully appealing their convictions.

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

He submitted their was a “strong” prospect his appeal would succeed and determine there was a “lawyer-client” relationship with Ms Gobbo.

Handing down their judgment, Justices Beach and Karin Emerton said their views about Higgs’ prospects on appeal had not changed since his first bail application two years ago.

The found he had taken “no serious steps” to progress his appeal since the start of 2022.

“As it presently stands, we are not persuaded that his prospects of success are sufficient to justify his release on bail while he still has a significant period to serve before even his non-parole period expires,” they wrote.

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