Man jailed over cocaine found in shipping container wins appeal to face new trial

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A man jailed for attempting to possess nearly 100 packages of cocaine hidden in a shipping container will face a new trial after winning his appeal.

Mark Anthony Dumenil, 52, was sentenced to 11 years' imprisonment in February 2023 after a jury found him guilty of one count of attempting to possess a commercial quantity of imported drugs.Court of Appeal on Tuesday found that Dumenil had not faced a fair trial as the jury likely convicted him using evidence against his co-defendant. On January 8, 2018, the Australian Border Force found 26.

Justice Mullins said the court would publish its reasons at a later date but earlier said she was concerned about what the jury was told.On January 8, 2018, the Australian Border Force found 26.5kg of pure cocaine in 99 packages hidden in the roof of a shipping container that had arrived in Brisbane from Colombia.

Dumenil's barrister Jakub Lodziak told the appeal that the jury had not been sufficiently instructed about Kulatunge's claim that Dumenil helped him retrieve the cocaine.

 

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