A high-profile gangland figure's son-in-law should be re-sentenced to less prison time than his co-accused due to his limited involvement in a $12 million drug trafficking operation, a court has been told.
Danny Awad, 47, the son-in-law of underworld figure Mick Gatto, came before the Victorian County Court for a plea hearing on Tuesday over the importation of 22.4kg of cocaine in a consignment of printers shipped to Melbourne in May 2017.
The drugs had an estimated street value of up to $12.4 million.
The operation occurred over three days between May 8 to 10 after the packages arrived from Mexico.
Co-accused John Tambakakis collected the delivery and transported the drugs to different locations before Awad joined him on the 10th to unpack and repackage the cocaine in smaller lots for sale when they were caught.
The pair were jailed for 15 years with a non-parole period of 10 years in 2019 but successfully overturned their convictions in the High Court in 2022.
Tambakakis was re-sentenced to 10 years with a minimum of five years in October.
The 47-year-old Awad on Tuesday pleaded guilty to one count of attempt to possess a commercial quantity of a border controlled drug.
Defence barrister Mark Gumbleton argued that the disparity between Tamakakis' offending to his client should be reflected in the judge's sentence.
"Tambakakis has 'between dates' while Awad has a single date," Dr Gumbleton said.
"We say overall, (Tambakakis) played a more important role, and he did so for longer. His participation in those steps reveals a higher degree of planning."
The defence also noted the "onerous" nine years that have been hanging over his client's head since his client's arrest, with him still yet to learn his sentence.
With his wife Sarah sitting in the courtroom, the defence said Awad's risk of re-offending were negated after the family welcomed a third child while continuing to focus on their property management business.
Commonwealth prosecutor John Saunders accepted there were differences in the roles between Awad and Tambakakis, but maintained it was a significant quantity of drugs.
"There is no doubt the 8th and 9th doesn't pertain to Awad, but he was there on the 10th," Mr Saunders said.
The High Court overturned the pair's convictions in 2022 after a substantial miscarriage of justice occurred over the trial judge's directions to the jury.
Tambakakis had elected to give evidence in his 2019 trial when the presiding judge told the jury an innocent person might choose to give evidence in their own trial or a guilty person might decide to tough out cross-examination in the hope or belief that he will be more likely to be believed.
The judge noted they should bear in mind he would probably be under more stress than any other witness.
Awad, who remains on bail, will be re-sentenced on May 8.
