John Higgs was an important part of an exceptional plot to import a record amount of ecstasy into Australia, but judges found nothing exceptional about his appeal bid.
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The 74-year-old is serving an 18-year prison sentence over the 2007 import of 15 million ecstasy pills in tomato tins.
The former client of turncoat Lawyer X Nicola Gobbo has filed an appeal against his conviction and applied to be released on bail while the case is considered.
But his bid for freedom was rejected by Victoria's Court of Appeal on Wednesday, with two judges saying his case didn't meet the "truly exceptional" threshold to justify his freedom.
Higgs still has a little under five years to serve before he's even eligible for parole.
"While the applicant might succeed on appeal, on the material as it presently stands we are not persuaded that his prospects of success are of sufficient strength to justify his release on bail while he still has years to serve before even his non-parole period expires," Justices David Beach and Karin Emerton said.
Higgs is one of several members of the so-called tomato tins conspiracy, which involved the import of 4.4 tonne of ecstasy transported to Australia in tins labelled peeled tomatoes.
The conspiracy was brought down after federal police and customs authorities intercepted a container which arrived on a ship from Italy.
Ms Gobbo, then a go-to barrister for members of Melbourne's underworld and Victoria Police informer, learned of the bust through her clients and passed on the details to her handlers.
It was then the world's largest illicit drug interception.
Higgs lawyers are arguing that he was denied independent legal advice.
A prolific drug importer with a significant criminal history - including long stints behind bars for manslaughter and conspiracy to traffic amphetamines - Higgs had Ms Gobbo on a retainer, his barrister David Grace said in the bail application last week.
Their lawyer-client relationship dates back to the 1990s when Ms Gobbo was working for prominent criminal lawyer Alex Lewenberg.
"She continued the association with him, recommencing in 2006 and flowing through to his arrest in August 2008," Mr Grace said.
"Lo and behold, the first lawyer that Higgs sees, who attends upon him in custody after his arrest for the tomato tins prosecution, is Gobbo."
Commonwealth prosecutors don't accept Higgs was denied independent legal counsel, saying records show Higgs was represented by a number of experienced lawyers.
They also reject the suggestion that commonwealth prosecutors became aware of facts about the case because of information supplied by Ms Gobbo to Victoria Police.
Mr Grace said he expected Higgs appeal case won't be heard until at least mid to late next year.
Australian Associated Press
