Olympic silver medallist Nathan Baggaley has won his appeal against a conviction for attempting to import $200 million worth of cocaine into Australia.
However, his younger brother Dru Baggaley will have to wait to see if he will be granted bail after his own successful appeal over the same alleged bid to smuggle hundreds of kilos of the drug by sea.
Nathan Baggaley, 48, was found guilty by a Supreme Court jury in April 2021 of attempting to import a commercial quantity of a border-controlled drug in July 2018, and imprisoned for 25 years.
Dru Baggaley, 42, and another man were allegedly intercepted by the navy in July 2018 after using a seven-metre inflatable boat to pick up 650kg of cocaine from a ship 360km off Australia's east coast.
Justice David Boddice handed down orders in the Court of Appeal in Brisbane on Friday that Nathan's appeal had been allowed.
Nathan's conviction will be set aside and a retrial will be ordered. He is a three-time kayaking world champion and won two silver medals at the 2004 Athens Olympics.
The Court of Appeal previously heard that Nathan should not have been convicted, as he could not be tied to an encrypted messaging app user called 'Thunderbutt' who allegedly organised the cocaine importation.
When police searched Nathan's northern NSW home, a phone officers found and were able access had the same app as 'Thunderbutt' but used the name 'Big Boy'.
Nathan, who represented himself, told the Court of Appeal in November 2023 there was no suggestion that phone was involved in the alleged importation plot.
"There was no evidence in the trial that 'Big Boy' (has) done anything. That's where I have an issue with (Justice Ann Lyons) ... she has found me to be 'Thunderbutt' on that phone," Nathan said.
Justice Boddice said on Friday the Court of Appeal's reasons would be published at a later time.
Dru was previously jailed for 28 years but successfully appealed his conviction in December 2023.
Dru's barrister told the Court of Appeal his client had been "tricked" by the third co-accused and thought he was being recruited to handle illegal tobacco, which would potentially attract a less harsh sentence.
The Supreme Court of Appeal heard Dru's application to be granted bail ahead of his retrial on Tuesday, which is likely to start in October.
Defence barrister Saul Holt said his client stood a chance of being acquitted after six years in custody.
"He is truly heavily motivated to remain offence free," Mr Holt said.
Crown prosecutor Patrick Wilson said Dru posed a heightened risk while on bail as he had been accused of possessing a variety of drugs and a mobile phone in custody.
"He is facing another decade in jail. Is there a genuine risk he will do something to avoid the consequences? There is a genuine risk," he said.
Justice Melanie Hindman had adjourned the application until Friday intending to hand down a decision, but when it resumed she said it would now take until Monday.
